Sentencing Guidelines (Pre-sentence Reports) Bill

Lord Timpson Excerpts

2nd reading
Wednesday 7th May 2025 Lords Chamber

Moved by

[Lord Timpson]

That the Bill be now read a second time.

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, I want to extend my thanks to the many noble Lords who have already contributed to debates in this House on this matter, which have provided me and the Government with valuable food for thought. I am also grateful to the noble Lords with whom I have spoken about this Bill, who have shared their wise counsel and wealth of experience regarding the matters on which it touches.

I know that all noble Lords will be looking forward to my noble friend Lady Nichols’ maiden speech. I welcome her to this place, and I know we will all benefit from her vast experience in public service.

I will start by recapping how we got here, as I believe that it is important to understand the Government’s intention behind the Bill. The Sentencing Council’s imposition of community and custodial sentences guideline helps judges, when sentencing an offender, to determine whether to impose a community order or a custodial sentence. In deciding which threshold has been met, judges are required by law to obtain a pre-sentence report, except in circumstances where the court considers such a report to be unnecessary. Pre-sentence reports are used to give the courts more context for the offending behaviour in a given case to aid judges and magistrates in making informed sentencing decisions. The current imposition guideline makes it clear that pre-sentence reports offer valuable assistance to the court when it decides whether to impose a community or custodial sentence.

Under the last Government, the Sentencing Council consulted on a revised imposition guideline. This guideline was due to come into effect on 1 April this year and includes additional guidance on when courts should request pre-sentence reports. It noted that pre-sentence reports will “normally be considered necessary” for certain offenders, including those from an ethnic, cultural or faith minority. In effect, this could have led to offenders receiving differential treatment in terms of access to pre-sentence reports based on their faith or the colour of their skin. These changes were welcomed by the previous Administration.

By contrast, both the Lord Chancellor and I have been clear that that would be unacceptable—not least for the victims, who put their trust in the criminal justice system. Singling out one group over another undermines the idea that we all stand equal before the law, a principle that has been at the forefront of our justice system and our society for centuries. This is the position that the Lord Chancellor communicated in person and in writing to the Sentencing Council. The Lord Chancellor first used her existing power, meeting the Sentencing Council’s chair on 13 March to ask it to reconsider its approach. Unfortunately, the council declined to amend the guidelines significantly or re-consult on its approach. While the Sentencing Council remains of a different opinion from the Government, I am grateful to its chair, Lord Justice Davis, for the engagement he has had with the Lord Chancellor and for the cordial conversations that I know we will continue to have.

I am very thankful that, following its engagement, the Sentencing Council has paused implementation of the revised imposition guideline while Parliament has its say. I am also grateful to noble Lords who have shared their expertise in this area with me. It is clear that the intention behind the Sentencing Council’s changes to the guidelines was an honourable one: to address the inequalities in our justice system. The issue of disparities in the criminal justice system is a serious matter, and one which this Government are determined to address.

However, this is a question of policy, one which must be addressed by government, accountable to the public and Parliament, and via the ballot box. As noble Lords will be aware, this issue has prompted debate here, in the other place and publicly on the correct roles and responsibilities of the Sentencing Council, and the Lord Chancellor is carefully reviewing and considering all options. I am sure that that will be discussed more in your Lordships’ House in the months ahead.

However, I want to be clear that this is beyond the scope of the narrow Bill at hand today. The Sentencing Council, although only 15 years old, holds an important position within the justice system, and any changes to its function and powers must be considered carefully. I know that several noble and learned Lords have had roles on the Sentencing Council and its predecessor and will have valuable views to add as this is considered. It would not have been right to address this through this targeted and narrow legislation.

I am proud of our judiciary, and I know that they are the envy of the world: rightly respected for their independence, impartiality and fairness. I know that the Lord Chancellor takes her oath to defend the independence of the judiciary very seriously. I reassure noble Lords that nothing we are considering in terms of the future of the Sentencing Council will change the Government’s clear commitment to defend the rule of law.

I turn now to what the Bill does. Clause 1 amends Section 120 of the Coroners and Justice Act 2009. It provides that sentencing guidelines about pre-sentence reports may not include provision framed by reference to offenders’ different personal characteristics, including race, religion, belief or cultural background. This would mean that any existing guidelines on pre-sentence reports which are framed by singling out personal characteristics would cease to have effect.

The Sentencing Council will therefore not be able to make such provision in future guidelines. The changes made by this clause therefore prevent the Sentencing Council making policy about when pre-sentence reports should be obtained. That would risk differential treatment before the law and would undermine public confidence in the criminal justice system.

In bringing forward the Bill, the Government’s objective is to help ensure equality before the law, so that offenders are treated according to their individual circumstances and not by virtue of their membership of a particular group. We have therefore used the term “personal characteristics” in the Bill to ensure that sentencing guidelines about pre-sentence reports cannot include provision framed by reference to any specific personal characteristic of an offender, and we have accompanied this by listing some characteristics in the Bill, including race, religion or belief, or cultural background.

However, this is a non-exhaustive list, intended to give context to the term. The Government intend that the Bill will also apply to a wider range of characteristics including sex, gender identity, physical disabilities and pregnancy. We have also used the term “demographic cohort” in the Bill’s Explanatory Notes, to help provide additional context to the meaning of “personal characteristics”.

I will now make clear what the Bill does not do. It does not interfere with the courts’ duties to obtain a pre-sentence report in appropriate cases—for example, those involving primary carers and victims of domestic abuse. The Bill does not interfere with the courts’ ability to request a pre-sentence report. The Sentencing Code is clear that courts must obtain pre-sentence reports unless they consider it to be unnecessary. The Bill does not affect this presumption. The independent judiciary will retain discretion to make decisions about where pre-sentence reports are necessary based on the facts of the case. The Bill does not stop the Sentencing Council advising, in general terms, that pre-sentence reports should be sought in cases where the court would benefit from an assessment of an offender’s personal circumstances.

Also, as detailed in the Explanatory Notes, the Bill does not change existing precedent where the courts have determined that pre-sentence reports are necessary or desirable. Recently, in R v Thompson, the Court of Appeal emphasised their importance in sentencing pregnant women or women who have recently given birth. In R v Meanley, the court referenced the value of pre-sentence reports for young defendants. In R v Kurmekaj, the defendant had a traumatic upbringing and vulnerability, and was a victim of modern slavery. The court considered that these factors meant that a pre-sentence report should have been requested. Instead, the Bill narrowly focuses on the issue at hand.

I welcome the use of pre-sentence reports, which are a valuable tool for sentencers in appropriate cases. The number of pre-sentence reports declined by 44% between 2013 and 2023. The Probation Service is under a huge amount of pressure, which is indicative of wider capacity issues in the system. This Government have acted quickly to create capacity within the Probation Service to ensure that our hard-working probation officers have more time for vital work such as this. We have announced plans to recruit a further 1,000 probation officers in the coming year, on top of the 1,300 extra probation officers recruited in the last financial year. I am continuing to work with the Probation Service to ensure that it can deliver a high and consistent standard of service.

We are also working to better understand what drives disparities in the criminal justice system. The Sentencing Council has acknowledged that the causes of disparities in sentencing outcomes are “unclear”. Understanding the data is the key first step to deciding what we must do to address these disparities. The Lord Chancellor set out during the Bill’s Second Reading in the other place that she has commissioned a review of the data held by the Ministry of Justice on disparities in the justice system. On the timeline for the review, noble Lords can rest assured that we are working at pace on this and will update the House in due course. I assure your Lordships that this is an issue which the Government take incredibly seriously and are determined to address. However, this cannot be done at the expense of equality before the law.

In conclusion, by preventing the Sentencing Council making guidelines on pre-sentence reports with reference to personal characteristics, this Bill ensures that we all continue to stand equal before the law. I urge noble Lords to support the Bill and the principle that drives it—of equality before the law. I beg to move.

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[Lord Timpson (Lab)]

I start my closing speech by paying tribute to the noble and learned Lord Etherton. Being relatively new to this place, I never got to know him, but it is clear how much he was deeply respected and admired. He has been described as a kind person, which is something that I hope one day would be my epitaph.

I thank noble Lords for their valuable contributions over the course of today’s debate. The depth of knowledge and experience in this House has certainly been on full display. It has also been a pleasure to be in this place for the maiden speech of my noble friend Lady Nichols of Selby. I warmly welcome her to this place and look forward to working with her in the years to come, as she clearly has a lot to contribute.

I thank noble Lords who have raised perceptive questions over the course of today’s debate and those who have spoken to me privately. I hope they will feel that I have addressed their points in my closing remarks. If I do not cover them now, I will follow up in writing to address their points. As the noble and learned Lord, Lord Hope, said, words matter. I hope that my closing words matter and are helpful in answering noble Lords’ questions.

As I set out in my opening speech, the Sentencing Council’s revised imposition guideline risked differential treatment before the law. As we have discussed, this Bill is not about the wider role and powers of the Sentencing Council. It is not about restricting the use of pre-sentence reports. In fact, this Government are committed to increasing the use of pre-sentence reports. Rather, it is about the very specific issue of the Sentencing Council issuing guidelines on pre-sentence reports with reference to an offender’s personal characteristics, rather than all the relevant facts and circumstances of the case.

A number of noble Lords, including the noble and learned Lord, Lord Phillips, the noble Baroness, Lady Hamwee, the right reverend Prelate the Bishop of Gloucester and the noble Lord, Lord Bach, have asked why this Bill is necessary and whether it was possible to resolve the matter with the Sentencing Council without primary legislation. In response, I would explain that we first exhausted all other options prior to introducing this legislation. The imposition guideline was due to come into effect on 1 April this year. Ahead of this, the Lord Chancellor used her existing power to ask the Sentencing Council to reconsider. Unfortunately, the Sentencing Council declined to revise the draft guideline. It was right, at that point, to act quickly to introduce the legislation.

As a result, the Sentencing Council decided to put the guideline on pause while Parliament rightly has its say, and we are grateful to it for doing so. By acting quickly, we prevented a guideline coming into effect which risked differential treatment before the law. This legislation has been necessary to achieve that and to clarify this Government’s commitment to equality before the law.

Noble Lords, including the noble Lord, Lord Beith, have questioned the scheduling of this Bill. I reassure noble Lords that the dates for Committee and Report have been agreed in the usual channels in the usual way.

The noble Lord, Lord Jackson of Peterborough, the right reverend Prelate the Bishop of Gloucester, the noble Baroness, Lady Fox, and my noble friend Lady Mattinson have spoken about the importance of trust and consistency in the justice system. As the speed with which we introduced the Bill demonstrates, this Government are definitive in their stance with regard to equality before the law. The issues that have been raised with regard to disproportionality in our justice system are the domain of government, politics and Parliament. This Bill serves to reassert our ability to determine this country’s policy on the issue of equality of treatment before the law.

As my noble friend Lady Mattinson set out, we must work to preserve trust in our excellent legal system. I thank her for sharing her considered views on this. It is essential to victims that they are able to trust our legal system and know that everyone will be treated equally before the law. Implementing a sentencing guideline that could lead to differential treatment before the law puts trust in the legal system at risk, which is why we acted quickly to address this.

To address the question from the noble Lords, Lord Jackson and Lord Wolfson, about what this Bill means for the future of the Sentencing Council, I reiterate that the Sentencing Council has done valuable work, bringing consistency to judicial decision-making. However, developments on the imposition guideline have clearly revealed a potential issue, where the council is dictating policy that is not this Government’s and that does not express the will of Parliament. The Lord Chancellor is therefore reviewing the powers and function of the Sentencing Council. It would not be appropriate to deal with that wider issue through fast-track legislation, given the significant policy and constitutional issues involved. It is right to take the time to consider more fundamental reform like this. The Lord Chancellor will be considering all options and I know that many in your Lordships’ House will have valuable experience to contribute.

The noble Baroness, Lady Hamwee, and other noble Lords asked how this Bill interacts with the review of sentencing being led by David Gauke and ably supported by the noble and learned Lord, Lord Burnett. I reassure noble Lords that this Bill will not have any impact. This Bill is addressing the specific matter at hand regarding the Sentencing Council guidelines. The sentencing review is a wider review of sentencing, and we look forward to considering its recommendations in due course.

I turn now to the questions over the detail of the Bill, which were raised by the noble and learned Lords, Lord Thomas and Lord Hope, the noble Lords, Lord Verdirame, Lord Beith, Lord Bach and Lord Wolfson, and the noble and right reverend Lord, Lord Sentamu. What is clear from this debate is the Government’s objective to help ensure equality before the law. We are clear that an offender should be judged by a court on an individual basis, according to the particular facts and circumstances of their case. It is not for the Sentencing Council to set out in guidance that judgments should be made on the basis of personal characteristics such as race or ethnicity.

The Government have used the broad term “personal characteristics” to make it clear that any reference to preferential treatment for particular cohorts is unacceptable. The Bill states that personal characteristics include race, religion or belief, and cultural background, but these are examples and not a comprehensive list. “Personal characteristics” is intended to include a wide range of characteristics, such as sex, gender identity, physical disabilities and pregnancy status. This is broader than the concept of “protected characteristics” in the Equality Act, which is a closed list and not wide enough to address, for example, the reference in the guideline to being a member of a cultural minority.

After careful consideration, the Government have therefore concluded that the most appropriate and principled way to respond to the issues raised by the guideline is to use the broader concept of “personal characteristics” in the Bill. The term “demographic cohort” is used in the Bill’s Explanatory Notes. However, the use of “demographic cohort” was not intended to, and I believe does not, narrow the definition of “personal characteristics”. A demographic cohort is a way of describing people who share certain personal characteristics. It is used in the Explanatory Notes to provide additional context to the Bill, but it would not be an appropriate alternative to the current drafting and would, in my view, raise further difficult questions of definition regarding what amounts to a “demographic cohort”. The term “personal characteristics” is used and understood in other contexts, and the Government consider it is the best formulation to address the issues raised by the guideline.

The noble Lord, Lord Bach, raised concern over whether this Bill interferes with judicial independence. To be clear, this Bill does not in any way influence individual sentencing decisions. Individual sentencing decisions clearly remain a matter for the independent judiciary. However, as I have said previously, the issue of tackling disproportionate outcomes within the criminal justice system is a policy matter and should be addressed by Government Ministers. The narrow change introduced by the Bill targets aspects of the sentencing guidelines that relate to equality of inputs. We are therefore addressing a policy matter and are not encroaching on judicial independence.

It is regrettable that some of the recent debate has strayed into comments about individual judges and their decision-making. I know that the noble Lord, Lord Bach, will be reassured that this Government will always support judges to do their jobs independently. I know that the Lord Chancellor takes her duty to defend judicial independence very seriously. As a number of noble and noble and learned Lords have said today, we are very lucky to have a world-class and highly regarded judiciary.

The noble Baroness, Lady Hamwee, the right reverend Prelate the Bishop of Gloucester, the noble Lord, Lord Marks, and the noble Baronesses, Lady Fox and Lady Nichols of Selby, have rightly raised concerns about probation capacity, which is something that I think about in my role on a daily basis. One knock-on effect of this is the consistency and quality of pre-sentence reports. This Government support the wider use and improvement of pre-sentence reports within our courts. I agree with the noble Lord, Lord Jackson, that they can be valuable in all cases and for all defendants, regardless of their membership of a certain cohort, and should be obtained unless a judge believes that they are unnecessary. We are committed to ensuring that pre-sentence reports are available when needed.

The noble Baroness, Lady Hamwee, asked what will happen to pre-sentence reports that are being prepared when the Bill comes into effect. I reassure her that there will be no impact on pre-sentence reports in the process of being prepared. This Bill is not about the ability of a court to request a pre-sentence report. The test remains that, under section 30 of the Sentencing Code, a PSR should be requested unless it is considered unnecessary. This is about council guidelines and the need to protect the principle of equal treatment before the law.

We have publicly outlined the steps we are taking to increase capacity in the Probation Service to enable it to undertake more valuable work such as this. Next year, we will bring 1,300 additional new trainee probation officers on board, but as noble Lords are well aware, and I have spoken to a number of noble Lords privately about this, it takes time to train and induct new staff to allow them to become the brilliant probation officers we so highly value. I have a lot to do to help our fantastic probation staff achieve what we know is possible in the service.

To support our probation staff, we are embracing technology, including AI. Work is ongoing that is improving the flow of information—so critical to an accurate assessment of an offender’s risk—and new tools are beginning to strip away a probation officer’s administrative burden. There is much more work still to do. However, given the challenges the Probation Service faces, new staff and better processes are not sufficient on their own. We need to think about how we use the Probation Service, which faces a case load of just over 250,000 offenders, more effectively.

The theme of the debate, highlighted by the noble Lord, Lord Marks, has been tackling disproportionality across the criminal justice system. We know that more must be done to address inequalities and we are committed to tackling racial disparities, as I am sure the noble Baroness, Lady Jones, will be pleased to hear. As the Lord Chancellor set out in the other place, and the noble Lord, Lord Wolfson, has questioned, she has commissioned a review into the data held by the Ministry of Justice on disparities, and we will carefully consider next steps. We are also taking action to increase diversity in our staff and working with the judiciary to make sure that our appointments are reflective of the society we serve. This has included supporting underrepresented groups to join the judiciary.

A particular concern was raised by the noble Baroness, Lady Jones, about how the Bill may impact on women—in particular, pregnant women. As the chair of the Women’s Justice Board, I have paid particularly close attention to this matter and have also spoken with board members. To be clear, nothing in the Bill prevents judges requesting pre-sentence reports for pregnant women, nor will it affect Court of Appeal case law, which states that a pre-sentence report is desirable in the case of pregnant or postnatal women. Judges will therefore continue to be able to request pre-sentence reports in cases where they ordinarily would, including, for example, appropriate cases involving pregnant women, and we expect this to continue. We are committed to achieving equal outcomes for women.

In conclusion, this is a targeted and specific Bill which serves to protect the important principles of equality before the law. I thank all noble Lords who have taken part in this debate and I look forward to engaging with them as the Bill progresses.

[Baroness Hamwee (LD)]

My Lords, before the Minister moves the Second Reading, he told the House, in justifying why the term “personal characteristics” is used here, that it is used in a number of contexts. I do not expect him to answer in detail now, but will he write to the House to explain what those contexts are so that we have them in our minds as well?

[Lord Timpson (Lab)]

I will very happily write. As noble Lords are aware, I am not an expert on the finer details of the law, so that would actually help me as well. I beg to move.

Bill read a second time and committed to a Grand Committee.

Sentencing Council Guidelines

Lord Timpson Excerpts

Wednesday 2nd April 2025 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

The Lord Chancellor has been clear about her concerns since the guidelines were published: that they risk differential treatment before the law. We asked the Sentencing Council to revise them and were disappointed by its refusal to do so. As a result, yesterday, we introduced legislation to address the very specific issue with this guideline. The Sentencing Council has put the guideline on pause while Parliament, rightly, has its say.

[Lord Carlile of Berriew (CB)]

My Lords, will the Minister please tell the House, first, how can the proposed Bill justifiably be regarded as emergency legislation when, plainly, a non-statutory resolution is available? Secondly, will he tell us whether consideration was given to referring the issues to the Gauke sentencing review—which will report shortly—and, if not, why not? Finally, will he tell the House whether the Government have consulted the Women’s Justice Board, which the Minister himself chairs? Have they realised that the proposed definition of “personal characteristics” in the Bill is a recipe for repeated legal challenges; for example, as to whether “pregnant” or “postnatal” are proscribed definitions? I thank Joshua Rozenberg for those examples.

[Lord Timpson (Lab)]

We believe that the guidelines represent a differential treatment before the law and that is why we oppose them. We asked the Sentencing Council to revise them and, as I said, it did not. The Lord Chancellor has introduced legislation to address this specific issue. The Sentencing Council’s guidelines were due to come into effect on 1 April, so it is right that we moved quickly on this and have introduced legislation to address the matter at hand.

I am grateful to the Sentencing Council for the constructive conversations it has had with the Lord Chancellor. It paused the in-force date of the guideline until the legislation, which was introduced yesterday, takes effect. The Independent Sentencing Review that David Gauke is chairing is a much wider review of sentencing that is due to report in the coming months. We look forward to considering its recommendations carefully when they come out.

On the Women’s Justice Board, which I proudly chair, I have spoken to several members about this and I am grateful to them for sharing their views. To be clear, judges will continue to be able to request pre-sentence reports in cases where they already would; for example, those involving pregnant women, young people or domestic abuse.

[Lord Browne of Ladyton (Lab)]

My Lords, in Scotland, the court is legally obligated to request a criminal justice social work report before imposing for the first time a custodial sentence on anyone, on an accused under the age of 21, and in many other circumstances, including specific sentences. The legal basis for such a report is set out in Section 203 of the Criminal Procedures (Scotland) Act 1995—legislation passed by this Parliament under a Conservative Government. In the 30 years since then, no one has ever alleged that Scotland has a two-tier justice system. Will my noble friend and his ministerial colleagues in the Ministry of Justice consider a similar revision of criminal justice law for the part of the UK for which they have responsibility?

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[Lord Timpson (Lab)]

I thank my noble friend for the question. I am sure he is aware that I am not an expert on Scottish law, as I know some other noble and noble and learned Lords are. However, our position is that the Sentencing Council’s guideline could lead to differential treatment before the law. That is why we have acted as we have. Any judge can still ask for a pre-sentencing report in any case where they consider it necessary.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, we are all committed to equal treatment, but there is a mass of evidence, including the Lammy review, that ethnic minority defendants are far more likely to be sent to prison than their white counterparts. So we already have a two-tier justice system. Thorough pre-sentence reports are the only robust way to address that, and that is what the proposed guideline is about. Instead of emergency legislation, can the Government not, even now, work with the Sentencing Council to reach a solution that addresses damaging rationing of pre-sentencing reports and ensures that the personal circumstances of defendants in vulnerable cohorts are fully considered?

[Lord Timpson (Lab)]

Nothing in the Bill prevents judges requesting a pre-sentence report for pregnant women—it is normal practice for judges to request pre-sentence reports in cases involving pregnant women—nor does the Bill affect Court of Appeal case law, which states that a pre-sentence report is desirable in those cases. I believe that pre-sentence reports are very important, but they have declined in number considerably over the last 10 years. From 2013 to 2023, they declined by 44%. That is why we are putting extra resources into probation, recruiting more probation officers so that they have the time to produce high-quality pre-sentence reports.

[Lord Keen of Elie (Con)]

My Lords, the Minister—perhaps the Minister of State for pouring oil on troubled waters—referred to the dialogue between his department and the Sentencing Council. But, as he knows, after the report became public on 5 March, that dialogue was far from helpful. The Sentencing Council pushed back hard on the suggestion from the Secretary of State for Justice that it had created a two-tier sentencing system. Therein lay the fundamental problem, which is that when the previous Labour Government created the Sentencing Council, they created a body that was not answerable to the judges or the Government. Does the Minister consider that that model is now compromised, as evidenced by recent events? Will his department address the issue of how sentencing guidance should be provided in future?

[Lord Timpson (Lab)]

The noble and learned Lord is right to say that the Sentencing Council plays an important role in ensuring transparency and consistency in sentencing guidelines but I will not engage in the personal issues that he refers to. The Lord Chancellor is committed to reviewing the role of the Sentencing Council but it will take time to consider this carefully, so it is not appropriate for the Bill. For me, what is important is that we are proud of our judiciary and its independence, and the fact that, quite rightly, it is respected the world over.

[Baroness Levitt (Lab)]

My Lords, this disagreement is deeply disappointing. It does not come close to a constitutional crisis, because the Sentencing Council and the Lord Chancellor are seeking to achieve the same thing. Is the Minister aware that elsewhere in the sentencing guidelines there is wording that reminds judges that there is, in fact, evidence that more black, Asian and other ethnicity offenders receive an immediate custodial sentence than white offenders? Does he agree that if the Sentencing Council would back down and change the wording of the offending part, there would be no need for this legislation?

[Lord Timpson (Lab)]

I thank my noble friend for the question. There is no doubt that more must be done to address inequality in the justice system, and the Lord Chancellor has commissioned a full review of the sentencing disparity and its causes. We are clear, though, that this is a matter of policy, which is why we are legislating on this. I am glad that the Sentencing Council has decided to delay the guidelines until this legislation has passed.

[Lord Thomas of Cwmgiedd (CB)]

My Lords, does the Minister agree, given the substantial achievements of the Sentencing Council, particularly in achieving consistency, that now is the time for quiet reflection in recognising that achievement?

[Lord Timpson (Lab)]

I thank the noble and learned Lord for his wise words, and for recognising that we could all do with a quiet period. We are all looking forward to the Recess in 48 hours’ time.

[Lord Young of Acton (Con)]

My Lords, I declare an interest in the Free Speech Union and apologise for accidentally omitting to do so at Oral Questions yesterday. It was my first ever Oral Question, and I hope noble Lords will forgive the omission.

I want to ask the Minister for his assurance about another two-tier justice risk; namely, the work that the Government have embarked upon to come up with an official definition of Islamophobia that they then recognise and incorporate into guidance. Can he reassure the House that that definition will not be incorporated into any advice given by the College of Policing to the police in England and Wales, nor in any official advice produced by the CPS, nor in advice given to the Courts and Tribunals Service, and that once the definition has been adopted, it will mean that anti-Muslim hatred is not treated any differently by the police, courts or tribunals from anti-Sikh hatred, anti-Hindu hatred or, indeed, anti-Christian hatred?

[Lord Timpson (Lab)]

I thank the noble Lord for his second question. As I have said previously, the Lord Chancellor is committed to doing a full review of policies to ensure that none of them contradicts the important principles of equality before the law.

Sentences of Imprisonment for Public Protection

Lord Timpson Excerpts

Monday 24th March 2025 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

On 31 December 2024, 695 unreleased IPP prisoners were 10 years or more over tariff, representing 67% of this population. Data on the number of recalled IPP offenders who have served 10 years or more over their tariff is not centrally collated. On 30 September 2024, 2,320 IPP offenders on licence were 10 years or more over tariff, representing 80% of those in the community. On 1 November, 1,742 licences were terminated following the commencement of reforms in the Victims and Prisoners Act 2024.

[Baroness Burt of Solihull (LD)]

I thank the noble Lord for his Answer; I know how hard he is working on this issue. I appreciate that some of the data I asked for is not collected. Nevertheless, the fact remains that almost 700 IPP prisoners who have never been released from prison have been locked up for more than a decade longer than their original sentence indicated. For most of them, this is because their mental health is in such a terrible state. Does the Minister accept that, in many of these cases, it was the IPP sentence itself that broke their mental health, trapping them in a self-perpetuating nightmare? Does he agree that resentencing these prisoners with appropriate safeguards and help is the only way to rid this country of this terrible stain on our justice system?

[Lord Timpson (Lab)]

I thank the noble Baroness for her question and the interest she has in this important area. I assure her and all noble Lords that I am not giving up on anyone. So far as mental health of IPP prisoners and all prisoners goes, the Chief Medical Officer has agreed to include consideration of the IPP sentence in his independent review of offender health this year, which I am really pleased about. On resentencing, public safety has to come first. The Parole Board is expert in deciding who is safe to be released and who is not. That is why the IPP action plan is absolutely vital, and we need to make sure we keep making good progression on it.

[Lord Woodley (Lab)]

My Lords, like many others, including the previous speakers, I believe that resentencing is the only way to wipe the IPP stain off our justice system for good. But the Government, as has just been mentioned, are worried about the overruling of the Parole Board. Does the Minister agree that initially limiting resentencing to those already living on licence in the community fully addresses this objection, as the Parole Board has already decided that they are safe for release?

[Lord Timpson (Lab)]

I thank my noble friend for his question. Those in the community are already benefiting from the significant changes to the IPP licence period in the Victims and Prisoners Act 2024, which provides an avenue for an earlier end to the sentence after a successful period in the community. Resentencing those living in the community would halt the risk management and support provided to these individuals, some of whom will be at the critical moment of being recently released from custody. Although this is not a good example of someone who has been released, at every prison I go to I always ask to meet an IPP prisoner and sit in their cell or an office and talk to them and find out their situation. Recently, I met an IPP prisoner who is 11 years over tariff. He spent eight years at Rampton Hospital, and he has not engaged at all in his sentence. The action plan is not working for him. That is why it is really important that we give people hope, and for me the action plan is the way to do that.

[Lord Carter of Haslemere (CB)]

My Lords, building on the previous question, there are many IPP prisoners who have been considered safe to be released by the Parole Board and have been released but have then been recalled to prison for reasons other than a further offence. Are the Government considering whether different considerations come into play for released and then recalled IPP prisoners—they were previously considered safe to be released—in terms of risk assessment and the possibility of future release?

[Lord Timpson (Lab)]

The Victims and Prisoners Act 2024, which I have mentioned, introduced a new power to enable the Secretary of State to release recalled IPP and DPP prisoners using a risk-assessed recall review where safe to do so, without the offender requiring a release decision from the Parole Board. We now consider every recalled IPP and DPP offender for RARR, as it is called. This has already been used to enable swifter release and, in some cases, we have seen recalled IPP prisoners released several months ahead of their parole hearing. The noble Lord will know that not everyone who is recalled to prison is an IPP prisoner, but 30% of IPP recalls are because of a further charge for an alleged offence.

[Baroness Ludford (LD)]

My Lords, the Government decline to do anything radical to end the Orwellian system of IPP sentences because they are concerned about public protection. Obviously, we all are, but there is no absolute guarantee that non-IPP prisoners will never reoffend. Why, then, do the Government pursue this unrealistic goal for IPP prisoners, thereby trapping them in a limbo that is rightly described—not only by my noble friend but across the political spectrum—as a terrible stain on our criminal justice system?

[Lord Timpson (Lab)]

I agree with the noble Baroness that it is a terrible stain on our justice system. In the job that I am doing, it is my job to make sure that as many IPP-sentenced prisoners engage with the action plan, get released, stay out and not come back. In 2024, the number of IPP unreleased fell by 182, and recalls fell by 83, but noble Lords will, I am sure, be aware that we are dealing with a number of issues in our prisons at the moment to do with a lack of capacity. We are battling to make sure that we get prisoners in the right prison to engage with the action plan, and hopefully they will get out and stay out.

[The Lord Bishop of Gloucester]

My Lords, taking into account what has been said already, I welcome the enactment of the provisions in the Victims and Prisoners Act, passed by the last Government, allowing termination of licence conditions for IPP prisoners. However, there are huge legal complexities involved, so I wonder what steps the Government are taking to ensure that those eligible to terminate their licence conditions actually understand their rights and are able to exercise them.

[Lord Timpson (Lab)]

I thank the right reverend Prelate for her question, and I agree with her. I have met IPP prisoners, both in prison and in the community, who are not fully aware of the situation they are in and what they need to do from here, so she raises a good challenge to me and my colleagues in the Ministry of Justice, which I will take away and reflect on and get back to her.

[Lord Moylan (Con)]

My Lords—

--- Later in debate ---

[Lord Moylan (Con)]

My Lords, given that so many of those prisoners serving this sentence who have never been released are suffering from chronic mental illness, is it not time for them to be considered for transfer and treatment in a mental health setting and not in prison anymore? I mean that systematically, and not simply ad hoc, as when individuals are transferred, as I know some are, to a mental prison. In that connection, what consideration have the Government given to the proposal from the Royal College of Psychiatrists for the development of a regime parallel to Section 117 of the Mental Health Act to offer support to these people if they do achieve release through that route?

[Lord Timpson (Lab)]

There are 241 IPP prisoners in secure mental health settings as of the last figures published. It is those who are of real concern to me, because they are so far away from being safe to be released. We need to make sure that we support them—as in the example I gave earlier of the prisoner whom I met recently—in their journey. The work that the Government are doing on the Mental Health Act, with the provisions being put in place, will, hopefully, contribute to a more successful outcome.

[Baroness Fox of Buckley (Non-Afl)]

My Lords—

--- Later in debate ---

[Baroness Fox of Buckley (Non-Afl)]

My Lords, following on from the request of the noble Baroness, Lady Burt, for more detailed data, will the Government make public detailed data of the different gradations of risk presented by the various cohorts of the IPP prisoner population, assuming that they are not treated as an undifferentiated blob? Then, could the Government apply the same risk-assessment criteria used for early release decisions to the least risky IPP prisoners and release them now—hardly early—because to exclude IPP prisoners from emergency measures to ease overcrowding seems irrational and even cruel?

[Lord Timpson (Lab)]

The noble Baroness will be pleased to know that I raised this when we had the Peers round table a few months ago—I am hoping to have another one in May—when we talked about the RAG rating of IPP prisoners. At the time, we just RAG rated those in prison, and I am pleased that everybody in the community is now also RAG rated, which will help. I am hopeful that noble Lords will suggest to me what they would like on the agenda for our round table, which I hope will be in May. Maybe we can discuss the important questions around data then.

Sentencing Council Guidelines

Lord Timpson Excerpts

Wednesday 19th March 2025 Lords Chamber

[Lord Keen of Elie (Con)]

My Lords, the Secretary of State for Justice appears to have implied, perhaps somewhat implausibly, that she and her department were not aware that the new Sentencing Council guidelines would introduce a two-tier justice system until their final publication two weeks ago. She in fact has representatives on the Sentencing Council. To be fair, the Secretary of State moved rapidly to address the grave problem that this presented, but simply encountered a more fundamental problem stemming from the way in which the previous Labour Government established the Sentencing Council. It is not directly answerable to any Minister. We are now told that the Secretary of State and the council are “talking”. However, discussing the height of the drop as you approach the precipice is no substitute for a plan of action. What is the plan and, if these disastrous guidelines come into force on 1 April as intended, who will resign? Will it be the Secretary of State for Justice or the chair of the Sentencing Council?

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

The Sentencing Council is independent of Parliament and government. The council decides on its own priorities and workplan for producing guidelines. The Lord Chancellor was clear about her discontent with the guidance when it was published on 5 March, which was the first time that she and other Ministers had heard about it. It is her view, and mine, that there should not be differential treatment before the law. The Lord Chancellor met with the chair of the Sentencing Council last Thursday and had a constructive discussion. The Lord Chancellor will be setting out her position in writing to the Sentencing Council and it has agreed to reply before 1 April. We will not get ahead of ourselves beyond that.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, the Lord Chancellor was reportedly incandescent that the new guideline appeared to suggest that lighter sentences should be imposed on members of ethnic minorities. I take a different view from the noble and learned Lord, Lord Keen, but I find the Lord Chancellor’s position baffling. As the chair of the Sentencing Council, Lord Justice William Davis, explained in his letter to her, the imposition guideline is absolutely not suggesting that lighter sentences should be imposed on ethnic minority offenders. Rather, it is concerned with setting out when pre-sentence reports are particularly important.

As the Minister is well aware, there is strong evidence—often discussed in this House—that offenders from ethnic minorities are more likely than their white counterparts to receive immediate custodial sentences, and particular care is needed to change that. We all agree on equality before the law and the guideline is intended not to encourage unfair sentencing but to prevent it. So, on reflection, do the Government now agree that, in view of their vulnerability to unfair sentencing, the guideline is right to highlight the need for pre-sentence reports for ethnic minority offenders?

[Lord Timpson (Lab)]

The issue of tackling disproportionate outcomes in the criminal justice system is a matter of policy and should be addressed by Government Ministers and not the Sentencing Council. It is my view and that of the Lord Chancellor that everybody should be treated equally in the eyes of the law. It is worth noting that the party opposite was not only consulted but welcomed these guidelines when it was in office. The former Minister for Sentencing wrote a letter to the Council setting this out on 19 February 2024 in which he stated:

“In particular, we welcome the clarification provided by the council regarding … fuller guidance around the circumstances in which courts should request a pre-sentence report”.

--- Later in debate ---

[Viscount Hailsham (Con)]

My Lords, does the Minister agree that, in general, a community sentence should be imposed rather than a custodial one? In that context, would he agree that, in general, and not confined to the cohorts referred to in the guidelines, there should be a pre-sentence report to assist the court in determining whether a defendant is likely to be compliant with a community sentence and also to benefit from one?

[Lord Timpson (Lab)]

Our independent judiciary is best placed to decide whether a community or a custodial sentence is required. From my experience, pre-sentence reports can be very useful in supporting the judiciary in their decision-making. They are even more helpful when the pre-sentence report is written by someone who knows the offender well and has a lot of training and background information on that person.

[Baroness Chakrabarti (Lab)]

My Lords, does my noble friend the Minister agree that, contrary to the confected outrage from across the House, sentencing is not a matter for politicians and should be independent of government? Does he also agree that it would be a jolly good thing if all offenders, whoever they are, had the benefit of a pre-sentence report?

[Lord Timpson (Lab)]

I thank my noble friend for her question. It is up to the independent judiciary to decide whether to request a pre-sentence report. What we do know is that in a number of cases they are very appropriate. We also know that our judiciary—in which many noble, and noble and learned, Lords in this House have taken an important role—is respected around the world. We need to ensure that that is maintained.

[Lord Paddick (Non-Afl)]

My Lords, can the Minister explain why judges requesting a pre-sentence report because they might not fully understand the background of those from different ethnic or social groups and might want to fill any gaps in their knowledge amounts to two-tier justice?

[Lord Timpson (Lab)]

The independence of the judiciary and the fact that everybody should be treated equally in the eyes of the law means that pre-sentence reports are determined by the judiciary, and it should stay that way.

[Lord Clarke of Nottingham (Con)]

My Lords, are the Minister and the Lord Chancellor having discussions on a more sensible subject, on which I know he has some views: reducing the amazingly high level of incarceration in this country, which is the major cause of the state of our prisons? The average sentence for many offences has pretty well doubled since I was Home Secretary and has increased very substantially since I was Justice Secretary more recently. There is no evidence that incarceration levels have any effect on the level of offending. As the Sentencing Council in the end has the last word on the guidance to our independent judiciary, will this subject be taken up so that the Lord Chancellor and the Minister can share their views with the Sentencing Council and see whether it will help in the efforts to get down to more sensible levels of incarceration for the most serious offences?

[Lord Timpson (Lab)]

I thank the noble Lord for his question and for his generosity and kindness to me many years ago in helping me get going when I first started recruiting people from prison. When we had those conversations many years ago, the prison population was much lower than it is today. That is why we have established the review on sentencing being carried out by David Gauke. We await his report, which will be published in the spring.

[Lord Phillips of Worth Matravers (CB)]

My Lords, in my relative youth I used to chair the Sentencing Guidelines Council, the predecessor of the Sentencing Council. From the Library this morning I obtained a publication that I believe emanates from the Sentencing Council, which includes the guidelines. There then follows the comment:

“Courts should refer to the Equal Treatment Bench Book for more guidance on how to ensure fair treatment and avoid disparity of outcomes for different groups”.


Does the Minister consider that valuable guidance?

[Lord Timpson (Lab)]

The Equal Treatment Bench Book was written by judges, for judges. I am very clear that everybody should be treated equally in the eyes of the law.

[Lord Browne of Ladyton (Lab)]

My Lords, confident as I am that the noble and learned Lord, Lord Keen of Elie, has read the guidelines, I am sure he will agree with the noble Lord, Lord Marks, as I do, that nowhere do they require judges to hand down lighter sentences to ethnic minorities or any category of offender. They simply recommend that pre-sentence reports be sought for more categories of offender, so that sentences can better take into account any and all relevant factors. Does my noble friend agree that having pre-sentence reports in greater numbers and in more cases would be a welcome step in helping sentencers arrive at fair, appropriate, transparent and effective sentences for all offenders?

[Lord Timpson (Lab)]

I thank my noble friend for that question. It is clear that pre-sentence reports can be very useful. Our focus needs to be on having good pre-sentence reports and, when people leave prison and custody, making sure that they have a one-way ticket, not a return, because we do not want them to reoffend.

Prenuptial Agreements

Lord Timpson Excerpts

Thursday 27th February 2025 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, I begin by thanking the noble Baroness, Lady Deech, for securing this important and timely debate about a topic that has a real impact on people’s lives. I also thank the noble Baroness for taking the time to talk to me last week, and I thank noble Lords for the important issues they have raised today and for their kindness to me.

I am participating in this debate on behalf of my noble friend Lord Ponsonby. I must therefore declare at the outset that I am not an expert on these matters, save that my wife and I celebrated our 28th wedding anniversary last week.

As the noble Lord, Lord Farmer, and the right reverend Prelate the Bishop of Southwell and Nottingham set out so clearly in their remarks, marriage is a hugely important institution and the foundation of many happy relationships. That said, marriages and civil partnerships can of course break down. I wish to recognise, as many do, that divorce can be one of the most stressful and difficult times in people’s lives.

I will start with some context. As your Lordships will know, it is almost three years since our divorce law underwent its most significant change in half a century. The introduction of no-fault divorce now allows couples to end their marriage or civil partnership without having to blame each other. No-fault divorce has removed the legal requirement for conflict. As Juliet Harvey, then national chair of Resolution, said, one year after no-fault divorce was introduced:

“This historic change marked the end of the blame game for divorcing couples”.


It is perhaps fitting that the Bill introducing these measures passed with cross-party support both here and in the other place, gaining Royal Assent on 25 June 2020. At this point I must reference the noble and learned Lord, Lord Keen, who played a crucial role in taking the Bill through this House. From speaking with officials in my department, I know how much they enjoyed working with him on this legislation.

I know that the noble Baronesses, Lady Deech and Lady Shackleton, take the view that no-fault divorce is just one part of the divorce reform story and remain concerned about the law that relates to a divorcing couple’s finances. This leads me to the specifics of the Motion tabled by the noble Baroness, Lady Deech, which asks the House to take note of the law relating to prenups. I am aware that many of your Lordships will know the legal background. However, for the benefit of those who may be less familiar, including myself a week ago, I will give an overview of how the law in this area has developed.

In the 19th century, the courts concluded that agreements relating to a couple’s future hypothetical separation were invalid. This was because at the time, it was a public policy concern that these sorts of agreements might encourage separation or divorce. As the noble Baronesses, Lady Deech and Lady Shackleton, mentioned, in the landmark 2010 case of Radmacher v Granatino, the Supreme Court decided that a couple should be held to their prenup and post-nup agreement, if it is freely entered into, with a full appreciation of the circumstances, unless it would be unfair to do so. The current law continues as set out in the Radmacher case.

Central to developing law in this area, the courts have considered how to protect the finances of those who are vulnerable, including children, and how to make sure that vulnerable individuals are not coerced into signing prenups.

Your Lordships will of course be aware that the previous Government asked the Law Commission to conduct a review of the law on prenup and post-nup agreements. Its report was published in 2014 and recommended the introduction of “qualifying nuptial agreements”. These agreements would be enforced by the courts in specific circumstances. However, couples would not be able to use them to prevent each other providing for each other’s financial needs, including those of their children.

We have come back into government just over 10 years after the Law Commission’s report on this subject was published. The report regrettably never received a full response from the previous Government. I know this has been a source of frustration to the noble Baroness, Lady Deech, and the noble Lords, Lord St John and Lord Faulks, and I can assure your Lordships that this Government are looking into the issue with utmost care.

It would be remiss of me not to mention at this stage another report that the previous Government did not respond to, which was the Law Commission’s 2022 report on wedding reform. Again, I assure noble Lords that this Government are looking into this issue, including in relation to humanist weddings, and will provide an update in the coming months.

Since 2014, the Law Commission has however done further work on the law relating to financial settlements following divorce. In December last year, it published an important scoping paper, which outlined its assessment that there are problems with the current law, and possible ways the law could be fundamentally reformed. The Law Commission further outlined how changing the law on prenups and post-nups could form part of wider financial remedies reform. I know that my noble friend Lord Ponsonby has been reviewing the recent report and will be setting out next steps in due course.

I also wish to assure your Lordships that the Government have an ambitious reform agenda for unmarried couples. This includes delivering our manifesto commitment to strengthen rights and protections for cohabitants. We are working on delivering this manifesto commitment, and plan to launch a consultation later in the year.

The noble Baroness, Lady Berridge, will see that cohabitation reform will address some of the issues raised in respect of religious-only marriage. I am afraid that, on the subject of pets in the family, it is not my pet subject.

The noble Lord, Lord St John, was right to express the importance of mediation, and may be pleased to hear that we have also committed to funding the mediation voucher scheme until at least March 2026. This scheme has helped over 37,000 families to date. Mediation helps couples take a less adversarial approach to making agreements following separation.

I have heard the calls in this debate, including from the noble Baronesses, Lady Deech and Lady Shackleton, and the noble Lord, Lord Faulks, that prenups be dealt with separately from wider reform and that we legislate for them now. The Law Commission does not see prenups as a discrete issue, but, as I have heard today, some noble Lords disagree. The Government will take all these views in the round before setting out their position.

It may be helpful if I set out for your Lordships what the Law Commission says in its 2024 report. It says that any reform on the basis of its 2014 prenup and post-nup proposals would depend on the type of wider financial reforms that could be put in place. The Law Commission takes this view for a couple of reasons. First, it is of the view that it would be unnecessarily complicated to enact its 2014 proposals now, if future reforms would apply different rules for prenups and post-nups that would come into being at a later date. This would result in different law applying to different agreements, depending on the timing of those agreements being put in place.

Secondly, the 2014 proposals for prenups and post-nups were based on the central role of financial needs in the current law. The Law Commission said that any legislation is likely to need to be unpicked if there is future wider reform of financial remedies. I absolutely assure your Lordships that the Government are considering the Law Commission’s 2024 report and the issue of prenups in this context.

This debate is invaluable and timely. I know that my noble friend Lord Ponsonby and his team of officials will take on board the range of perspectives heard today in the Chamber when considering next steps. In fact, I am looking forward to meeting him on Monday, and I reassure the noble Lord, Lord Faulks, that I will take his comments back to the department, and maybe to the colleagues he knew very well when he was there.

I thank the noble and learned Baroness, Lady Butler-Sloss for her contribution to this debate. Given her lifetime of service to family justice, including as President of the Family Division, it is important to have her careful and considered input on this topic today. I am grateful to the noble and learned Baroness for highlighting the need for fairness and transparency for prenups. The Law Commission’s 2014 report recommended that a couple must have received important information about each other’s finances when making a prenup. We will certainly be looking into this recommendation in depth.

The Law Commission’s 2014 report addressed the issue of the family court having the discretion to intervene if there has been a major change in circumstances, by recommending that a couple would not be able to contract out of providing for each other’s needs on divorce. This is a very important issue, one that I assure noble Lords that my noble friend Lord Ponsonby will think very carefully about.

I thank the noble Lord, Lord Meston, for raising important questions about the formation of prenups. In particular, there is the question that the noble and learned Baroness, Lady Butler-Sloss, also raised about fairness for a spouse who may have signed a prenup without anticipating what the future might hold. No young couple getting married can precisely predict the future. They may win the lottery, or their health may deteriorate to a point where they can no longer work. No one can be certain about how life will pan out.

The Law Commission’s 2014 report considered this issue and recommended qualifying nuptial agreements. These types of prenups would not allow a couple to contract out of meeting each other’s financial needs on divorce. The Law Commission recommended this type of prenup to ensure that needs that have arisen because of unforeseen circumstances are not ignored by the court just because there is a prenup in place.

As the noble and learned Lord, Lord Keen, is aware, the definition of “needs” in financial cases on divorce has been the subject of much case law. As I previously stated, the Law Commission does not see prenups as a discrete issue. However, the Government will take on board all the views your Lordships have raised today in considering next steps.

I thank the noble Lord, Lord Farmer, for his contribution to this debate. I know how important these issues are to him and acknowledge his continued efforts to make sure that my department works across government to ensure the best outcomes for families who are separating.

As I have already said, and as was raised by the noble Baroness, Lady Shackleton, and the noble Lord, Lord Faulks, marriage is very important in our society and is the foundation of many successful relationships. I listened with interest to the noble Lord’s perspective that prenups would boost the marriage institution, and I am sure that my noble friend Lord Ponsonby will be interested in this point too. I will write to the noble Baroness, Lady Shackleton, on her question about appeals.

I thank the noble Baroness, Lady Featherstone, and the right reverend Prelate for raising the important issue of the impacts of prenups on women. This is an important policy question. I am aware that the Law Commission considered this specific point in its 2014 report and made recommendations in relation to protecting spouses’ financial needs when they divorce. The safeguard recommended was that parties cannot contract out of meeting each other’s needs when they divorce.

I further thank the noble Lord, Lord Farmer, for his suggestion that the prevention of parental breakdown should form part of the Government’s opportunity mission. The Government already do much to support separating couples. The Department for Work and Pensions is delivering the Reducing Parental Conflict programme to reduce parental conflict and improve children’s outcomes. Through this programme, funding is made available to local authorities in England that work in partnership with a range of experts from relationship and family charities. The Government will now consider these recommendations in the context of the Law Commission’s 2024 financial remedies review.

The noble Baronesses, Lady Deech and Lady Shackleton, rightly expressed the need to reduce court delays. These delays have a significant impact on families, and we are committed to improving court timeliness. In 2014, the Law Commission said that its recommendations for prenups and post-nups may reduce the number of financial provision cases going before the courts in general. We will look at this further as part of our consideration of the Law Commission’s 2024 report.

Your Lordships will, I am sure, be pleased to know that the Government are already taking action to reduce delays in financial cases. We are supporting the Family Procedure Rule Committee to launch a new express pilot for financial cases in particular regions. This pilot will reduce the number of court hearings in lower-value financial cases from three to two. As part of this, dispute resolution would be the central focus of the first hearing.

The noble Baroness, Lady Deech, will, I hope, be pleased to know that the Government continue to explore the use of technologies such as AI to improve the efficiency of courts and legal processes. The Ministry of Justice has established a new justice AI unit, led by the department’s first AI officer, to develop a comprehensive AI strategy for the department and its agencies. I confirm that our chief AI officer is a very popular person for everybody to meet.

The Law Commission says, in its 2024 report, that any reform on the basis of its 2014 prenup and post-nup proposals would depend on the types of wider financial reforms. The Law Commission does not, therefore, see prenups as a discrete issue. As I have heard today, some noble Lords, including the noble Lord, Lord Meston, disagree. The Government will take all these views in the round before setting out their position.

Today’s debate serves as a reminder that the law relating to prenups raises complex questions about the role that the courts and couples should take in the division of financial assets when divorcing. I understand the frustrations of the noble Baroness, Lady Deech, that the previous Government had little enthusiasm to address prenups. I hope my repeated assurances in this debate that this Government are carefully considering the Law Commission’s December report have been helpful. As referenced earlier, I know that my noble friend Lord Ponsonby has been reviewing the recent report and will be setting out our views in due course.

It has been extremely helpful to have this debate. In fact, it is the first time that I have heard the words “romance” and “love” in a debate. I have thoroughly enjoyed my time dealing with family justice matters and I will take what I have learned back to my noble friend Lord Ponsonby on Monday. I hope he thinks I have done this topic justice—if noble Lords will excuse the pun.

I hope I have covered all the points raised today and that your Lordships will forgive me if I have not. If anything has been missed, I will write on those issues.

In closing, I reiterate my thanks to the noble Baroness for tabling this Motion. It is because this issue is so important, both for couples and their children, that the Government must take the time to get this right.

Prison Maintenance: Insourcing

Lord Timpson Excerpts

Thursday 23rd January 2025 Lords Chamber

[Lord Woodley]

To ask His Majesty’s Government what assessment they have made of the potential merits of insourcing all prison maintenance.

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

The Government are committed to ensuring that there are professional facility management services across our prison estate. A 2023 assessment conducted in partnership with the Cabinet Office determined that an insourced solution was not the preferred option for future prison maintenance services. Financial analysis determined that an outsourced option would be more cost-effective and would deliver the best value for money. The Government have therefore initiated a programme of work that will put in place new contracts for the provision of maintenance services for prisons, which are being competitively tendered. However, I am keeping this approach under constant review to ensure we get the best value for taxpayers’ money.

[Lord Woodley (Lab)]

I thank the Minister for his response, but it is undeniable that a decade of prison maintenance privatisation has been an absolute disaster. A disgraceful experiment has gone badly wrong and it blights the lives of everyone living and working in prisons. Does he agree that it is more than time to kick out the incompetent and greedy privateers and bring maintenance back in-house, which is far more cost-effective, and make much more use of works departments to give prisoners valuable extra skills through in-house maintenance and light repairs? I think this is called Q-Branch.

--- Later in debate ---

[Lord Timpson (Lab)]

I thank my noble friend for his question. The prison estate suffered historic underinvestment by the previous Government over the last five years, which has led to a growing backlog of maintenance tasks and shocks to the estate from dilapidations. This has made the prison capacity crisis even more acute. As future prison maintenance contracts approach expiry, we will conduct detailed assessments to inform decisions about whether to continue to outsource services, alongside our usual performance management process. Stopping the contract process we inherited last year would have meant incurring additional costs and delivering less value for money. I am glad that the noble Lord mentioned Q-Branch, which is an innovative model that has empowered prisoners to build new skills and play a part in keeping their prisons running smoothly by undertaking tasks such as basic cell restoration, painting and decorating. It is currently active in 25 establishments and I am exploring how we can expand it further, alongside a similar operation called CRED, which helps build skills within prisons that can be used on release to get a job and not reoffend.

[Lord German (LD)]

My Lords, among the myriad problems that the Minister faces is the fact that probably half of the security cameras around the perimeters of our prison estate are not working. Is that because they are too old or did the original contracts not include appropriate maintenance so that these cameras can be made to work for our security and that of prisoners?

[Lord Timpson (Lab)]

The noble Lord is correct that the security of our prisons is of utmost importance and that we need all our security apparatus working correctly. We have had years of underinvestment in our prison estate. I am pleased that the Government are spending £520 million from this year until the end of 2026 on lots of projects, including improving our security.

[Baroness Meacher (CB)]

My Lords, the Minister touched on this in his earlier comments. Does he agree that all prisoners should have an opportunity to work and earn while they are imprisoned?

[Lord Timpson (Lab)]

As someone who has employed many people in prison over many years, I am a big fan of enabling people to gain skills and confidence so that when they are released, they are less likely to come back. But it is all about risk, and not everybody in prison is ready to work within prison. The first workshop I opened was in HMP Liverpool, where we taught people to repair shoes and watches—due to risk assessments, we were not allowed to teach people to cut keys.

[Lord Davies of Brixton (Lab)]

I thank my noble friend the Minister for his reply, but he must be aware, from reports in the press and his own extremely diligent visits to the prison estate, that something needs to be done about the poor quality of prisons. Will he therefore revisit the ideological decision by the previous Government not to allow the public sector to bid for maintenance contracts when the existing contracts run out at the end of this year?

--- Later in debate ---

[Lord Timpson (Lab)]

I thank the noble Lord for his question. The key is to deliver value for money. If we had intervened in the process, it would have cost more. Ultimately, we are not opposed to considering a public sector option, and we will keep it under review. The question I keep asking myself and officials is whether we are getting value for money, and rehabilitative, safe and decent prisons?

[Lord Keen of Elie (Con)]

My Lords, Rule 31 of the Prison Rules 1999 provided that all convicted prisoners should be required to do useful work for up to 10 hours a day, and indeed it is a disciplinary offence for a prisoner to refuse to work. Yet we are constantly being told of prisoners spending 20 hours a day idle in their cells or cellblocks. Is this a failure of management or a failure of resources? Will the Government undertake to review such initiatives as the New Futures Network, which was established to allow businesses to set up workspaces within prisons?

[Lord Timpson (Lab)]

It is vital that, when people are in prison, they are in purposeful activity and not in their cells, so we are putting a lot of effort into getting more people out of their cells for longer. We have still got an awful lot more to do. We have too many prisons for the workshop and educational spaces that we have. The New Futures Network, with which I have been involved for many years, has been very successful in increasing the amount of people who get jobs on release from prison. Three years ago, 14% of people who left prison had a job after six months, and it is now over 30%.

[Baroness Blower (Lab)]

My Lords, I congratulate my noble friend the Minister on the work that he is doing. I hope he agrees with me that powerful voices, including the National Audit Office, the Public Accounts Committee and the Justice Committee in the other place, have highlighted how costs have soared while conditions have crumbled in prisons since privatisation. I hope that the Minister will take very seriously both the value for money question and the urgent need to consider insourcing—that is, having public maintenance of prisons.

[Lord Timpson (Lab)]

It is vital that the Government are led by the evidence and deliver value for money for the taxpayer. HMPPS has worked closely with the Cabinet Office to undertake a detailed assessment of prison maintenance requirements and how best to deliver them—I have even read all 175 pages of it. While they consider insourcing, the current evidence indicates that the private sector is best placed to provide a safe and decent estate, supported by effective maintenance that delivers value for money. I am continually monitoring performance and will keep my mind open to the best future options.

[Lord Alton of Liverpool (CB)]

My Lords, last week, during a meeting with the National Preventive Mechanism, I was told that women in prison in Scotland with psychiatric conditions have to be transported 300 miles away. Can the Minister take an urgent look at that situation, but also tell us what is being done about self-harm and suicide in prisons?

--- Later in debate ---

[Lord Timpson (Lab)]

I have a wide brief, but it does not include the prisons in Scotland. So far as female offenders are concerned, the issue is the same. This week, I was proud to chair the first Women’s Justice Board, and we will be tackling many of these issues. I have visited a number of women’s prisons over the years, and last week I visited Willowdene, which is a rehabilitative centre just outside Birmingham where women go as an alternative to custody. It is clear that many of those women are very ill and need help.

[Baroness Stedman-Scott (Con)]

My Lords, I have been in HM Prison Liverpool, in Walton—as a visitor—and seen first hand the work superb that the Minister refers to. His family deserve credit for all they have done. My experience of contracting, which is not as great as that of some in this House, is that the whole thing falls apart if the tender spec and terms of the contract are not clear. Any Government must be careful about picking the right price but the wrong provider—cheap is not always the best thing. Can the Minister give us an indication or a commitment that he will get the best person for the job, not the cheapest?

[Lord Timpson (Lab)]

I thank the noble Baroness for her kind comments; it is nice that we have known each other for many years and discussed this topic. I like to think that I bring to this job my skills as a business leader, where commercial decisions are not always about price but about service as well.

[Lord Watts (Lab)]

My Lords, this is another Tory shambles: the Tories were very good at locking up people but very bad at maintaining our prisons and the number of prison officers. We have got people locked up who should not be locked up. Will part of the Minister’s review look at whether alternative methods could be used where they are more suitable than prison?

[Lord Timpson (Lab)]

I thank the noble Lord for the question. He will be pleased to know that we are at 99.5% of the required level of prison officers. That does not mean that they are all in the right place or experienced, but that is one of my jobs to do. It is clear that there are a number of individuals in the criminal justice system whose chances of reoffending are higher by going to prison than others. That is why the Women’s Justice Board is looking specifically at this very important area.

Drones: High-security Prisons

Lord Timpson Excerpts

Wednesday 15th January 2025 Lords Chamber

[Lord Keen of Elie (Con)]

My Lords, the Chief Inspector of Prisons has just delivered a devastating report on conditions at His Majesty’s Prison Long Lartin and His Majesty’s Prison Manchester. At HMP Manchester, almost 40% of prisoners have failed standard drug tests. The Chief Inspector of Prisons has reported that criminal gangs now, in effect, control the airspace above this high-security prison using drones. A number of years ago, the use of drones was emerging, and they could be controlled by physical defences such as nets and blocked windows. Unfortunately, even these basic defences were neglected at HMP Manchester. However, there have been recent and rapid developments in drone technology. First-person viewing drones, GPS-controlled drones and others are all capable of delivering not only drugs but weapons and even explosives. Will the Minister address not only the existing security failures at HMP Manchester but the possible introduction of electronic countermeasures at high-security prisons such as HMP Manchester?

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

The noble and learned Lord is completely right that drones pose a major and serious threat to all our prisons. I have been visiting Manchester prison for over 20 years, and I went there just before Christmas, in the light of the problems that it has. I saw for myself the issues that staff are dealing with, with 49% of the prisoners arriving in the prison being addicted to drugs. I cannot share the counter-drone tactics as that would play into the hands of sophisticated and serious organised criminals. I can assure the noble and learned Lord that we are currently getting on with a number of fixes, but the biggest fix is ensuring there is no market for drugs and weapons in the first place, and that people in prison are there to get on with their sentence, get educated and do purposeful activity, so that when they are out, they stay out.

[Lord Reid of Cardowan (Lab)]

Will the Minister confirm the magnitude of the challenge that he has inherited? Is it not the case that, during the period of the previous Government, there was an increase in drug finds of 44%? In the year until March last year, there was an increase in weapon finds of 24%. The Minister now faces a challenge because of the fact that, over the past 14 years, very little has been done to confront the challenge.

[Lord Timpson (Lab)]

The noble Lord is completely right that the prisons I am visiting now are very different from the prisons I visited 15 or 20 years ago. The buildings are often in decrepit states of repair. We have a lot of new staff who are still learning the skills of being a prison officer and we have an awful lot more to do to ensure that people, when they are in prison, spend their days purposefully, not just sitting in their cells.

[Lord Rooker (Lab)]

Can I ask my noble friend about Long Lartin? I am going beyond the Question, but is the safety of the inmates as such today that they are able to exercise in every exercise yard? Long Lartin’s proximity to the countryside and the geography around it allow potential problems from the outside against the inmates. I should like an assurance that that matter has been dealt with since I visited some years ago.

[Lord Timpson (Lab)]

Like the noble Lord, I visited some years ago, so I do not have an exact picture in my mind of the layout of the exercise yards. I can assure him that every male closed prison now has X-ray scanners. In 2003, there were over 1,000 drone sightings. They were up 770% between 2019 and 2023. We have a serious problem but if I know any more details, I will let him know.

[Lord Carlile of Berriew (CB)]

My Lords, does the noble Lord agree that the focus for prisoners should be on not taking drugs when they come out of prison? Does he agree that there is still a gap in making sure that prisoners know what will be done to help them to stop taking drugs on their release and that, if there was greater co-operation in that regard, we might not have quite as big a problem with drones as we have today?

[Lord Timpson (Lab)]

The noble Lord is completely right. There are far too many people in prison who arrive addicted and stay addicted. They need an incentive and support not to take drugs. That is why I am a big fan of substance-free living wings and engaging with probation early so that, when people are released, we have a seamless link whereby probation picks up with all the drug workers on release.

[Baroness Hamwee (LD)]

My Lords, a major component of security regarding prisons must be stable, expert and sufficient staffing. The Minister referred to staff. When it give evidence to our Justice and Home Affairs Committee, the Prison Officers’ Association referred to the recruitment process as being simply not fit for purpose and said that it was not surprising that corrupt and underqualified officers were being recruited—referring in particular to online interviews. Can the Minister give the House any news about improving the recruitment process and the number of staff?

[Lord Timpson (Lab)]

I thank the noble Baroness for the question. Having run a business for many years and tried to find fantastic superstars to work with, I am well aware that we always want to find the best colleagues to work in our prisons. I am very engaged with the POA team as well. Noble Lords may be interested to know that we are currently at 99.5% staffing levels. That does not mean that everybody is trained and in the right place, but MoJ colleagues have made good progress on that. As regards the way recruitment works in our prisons, professionally trained assessors always take part in the interviews.

[Lord Hogan-Howe (CB)]

My Lords, our prisons are very good at keeping people in; I am afraid they are not as good at keeping things out. There are two symptoms of that: the large number of mobile phones and, as has been said already, the amount of drugs in prisons. Some 40% of the people who enter have a drug problem, but 60% of those who leave have one; they get their problem in prison. Drones are clearly an issue, but I am afraid that corruption is a bigger one. One of the biggest challenges is, I am afraid, that nobody is really concentrating on this issue in terms of investigation: the NCA is too diffuse, local forces are too busy, and the Prison Service has no investigative capacity. Would the Minister be interested in attending a short meeting on two distinct proposals to see how they might be able to do something about this? There would be some cost, but I promise him not too much.

[Lord Timpson (Lab)]

I thank the noble Lord for the question; I would be delighted to meet up and to learn more. The problem we have with serious organised crime in our prisons is that these people are in there to make money. They do that by selling phones and drugs, which creates debt and violence, so it is essential that we tackle this. We are giving more focus to our dedicated serious and organised crime unit and we are working across government, but the noble Lord is right that this is vital.

[Lord Woodley (Lab)]

My Lords, yesterday the Justice and Home Affairs Committee heard from the chair of the Prison Officers’ Association that it was only a matter of time before arms were sent into prison via drones. There were even concerns that, with drones now being able to carry 75 kilograms, they could be used to facilitate some form of escape. Can the Minister please explain what anti-drone technologies we have in place, and will they be whizzed out across the rest of the empire?

[Lord Timpson (Lab)]

I thank my noble friend for the question. I am afraid that, due to security reasons, I cannot go into any details on the measures that we have and that we will have. However, I can assure him that we will spend £520 million on maintenance over the next two years, because we have inherited prisons in such a bad state. A lot of that money will be spent on repairing nets, grilles and windows.

[Lord Carter of Haslemere (CB)]

My Lords—

--- Later in debate ---

[Baroness Sugg (Con)]

My Lords, can the Minister update the House on any improvements since the introduction in January 2024 of the no-fly zones around certain prisons? Have they been a success, and how can we boost their effectiveness?

[Lord Timpson (Lab)]

The no-fly zones have been a great success and have been an important part of the work we are doing, but there is still further work we need to do. I reiterate that the demand is just as big a problem as the supply.

[Lord Carter of Haslemere (CB)]

My Lords, drugs getting into prisons, whether by drones or otherwise, give rise to self-inflicted deaths. Coroners issued 12 prevention of future deaths reports to the Ministry of Justice in 2024, relating precisely to this issue of the link between drugs and self-inflicted deaths. Of course, the Government have a legal duty of care towards prisoners and a legal duty to respond to these prevention of future deaths reports, which I do not think has happened. Can the Minister assure us that this will be looked at and that the reports’ recommendations will be implemented?

[Lord Timpson (Lab)]

The noble Lord is right that any death in custody is a death too many. One of the most difficult jobs I have, when I read my emails every morning, is when I get notified that we have had a death in custody. That is someone who was in our care, and I take that very seriously.

Prison Capacity Strategy

Lord Timpson Excerpts

Tuesday 17th December 2024 Lords Chamber

[Lord Beith (LD)]

My Lords, I agree with the noble and learned Lord about the need to address the remand prisoner situation with more sitting days, but on other parts of what he said, I hope he is wrong. If there is that much continuity between the policies of the previous Government and this Government, we are not going to get out of the difficulties that we face.

There is no doubt about the appalling state of our prison system which the Government have inherited. They took over a system which was supposed to provide 20,000 extra prison places while coping with massive overcrowding, a shortage of experienced staff and a penal philosophy which called for even longer sentences. There is a desperate shortage of the resources needed to reduce reoffending, either by programmes during custody or by supporting ex-prisoners on the difficult route to leading a better life and keeping the law.

We do not want to see this Government repeat the failures of their predecessor. Given his practical and personal experience in resettling and employing ex-offenders, we believe that the Prisons Minister understands the problems and is personally committed to changing the way we address them. But the Statement does not really inspire confidence and nor does the strategy. It rests on two assumptions, the first of which is that the increase in prison places will be achieved. I have to say that I am doubtful about that on the basis of experience, and even if achieved, it is recognised that it is not enough. That will not solve the problem. We cannot build our way out of this situation.

The other key assumption is that the sentencing review—which we welcome—will reduce the pressure for yet more places to be provided, even on the numbers the Government have given. That depends on whether there is political leadership to implement the radical ideas the commission will have to come up with if it is going to change the situation. We want to know whether that leadership is there. The public and media debate has to be taken forward. Tough talk leads to bad decisions. Excessive use of custody, which is hugely expensive, ensures that neither the prisons nor the probation system can devote the effort to the rehabilitation needed to cut crime.

It is time to be straight with the public. It is time to tell them that the Government are spending their taxes on a system which we know leads to prisoners reoffending. We know it leads to more prisoners and less rehabilitation, as well as to more reoffending, and it has got to change. When a crime is committed, victims and the public want the offender to be caught, tried, made to face the consequences of the hurt and damage they have caused and set up to lead a better life in the hope that they will not repeat their offences either towards the victims or towards anybody else.

In some cases, prison is essential for public protection; in others, there are more effective community sentences which, for many offenders, are more challenging than a spell in jail. It is not sensible to use the length of a custodial sentence, as we do these days, as the index of how seriously we take a crime. That way lies wasted money and more reoffending on release. Is the political leadership prepared to say that kind of thing? With a former DPP as the Prime Minister, it ought to be possible.

I put to the Minister a simple question: why does this country lock up more criminals for longer than most other west European countries?

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

I thank the noble and learned Lord, Lord Keen, and the noble Lord, Lord Beith, for their comments. We are all aware that we have a problem. The problem is that the prison population increases by 4,500 people a year. In the summer, when I was six weeks into this job, we were 99.9% full: in fact, we had fewer than 100 spaces in our prisons. It was clear that this was not just a problem, it was a very dangerous problem. We are now running at 97% or 96% in the male estate and can already see the benefits of that. But we need to keep building new prisons, and we got planning permission for HMP Garth earlier this month. We do not just need new prisons; we need new house blocks and to ensure that we do not lose cells.

We cannot build our way out of the difficulties we have; we also need sentencing reform. As noble Lords are aware, David Gauke is leading a sentencing review, which will be concluded by the spring. We need to make sure that demand and supply are in balance, because we always need to have space for the police to arrest and charge people and put them in prison. Interestingly, last week I went to Spain to visit the prisons over there. It has 15,000 spare cells, which we can only dream of here. Unsurprisingly, when I went round the prisons there, things were much calmer than they are here.

How will we get more capacity? We have to create these 14,000 prison places. The cost is very high, and much higher because of the delays in the previous Government’s building. But the other real problem is that we have had a net increase of only 500 prison cells because so many have been lost and prisons have been sold. One of the things that is really important is to make sure that we do not lose prison places and prison wings. I am looking forward to visiting HMP Millsike before Christmas and seeing what a good, environmentally state-of-the-art prison looks like. But I have also been recently to HMP Manchester and HMP Winchester, both of which had urgent notifications, to see the other side of the coin, where prisons need serious investment. I am pleased that we have managed to find £500 million to invest.

We have many great prisons as well. We need to future-proof things and to keep buying land on top. In my old job, every day I was looking at the sales figures of our retail chain; now I am looking every day at the prison population and seeing how much capacity we have. I am pleased to say that, so far, our numbers are slightly under the projection we have been looking at.

I have seen a number of rapid deployment cells and the issue with them is that, even though we do not have a choice—we need to do them—the extra cost is not just in the cells but in the extra visitor centre space, extra kitchen space and so on. That is why it is not just a cheap temporary option; it is an expensive temporary option.

On Crown Court backlog days, I am very pleased that colleagues have found more headroom and we have managed to get 2,500 extra sitting days; and the magistrates’ courts going from six to 12 months will free up 2,000 extra days. It will help with the remand population—17,000 is a significant issue—but it is still not enough.

Yes, we need to build prisons. Yes, we need the sentencing review, and to wait and see what the conclusions are. We always need prison cells for dangerous people. We need to incentivise prisoners to turn their lives around. But we also need to punish people outside of prison as well. We need to work hard when we see the conclusions of that review.

We need to focus also on reducing reoffending, because 80% of offending is reoffending. As noble Lords challenged me to do, I need to focus on delivering these new prison places so we do not run out of space, but I also need to really focus on delivering reduced reoffending, so over time our prisons are less full because people are reoffending less.

As we all know, there is a very complex job to do. We are dealing with the most complex people in the country and a system that is the most complex. It is a privilege for me; it is my dream job to do this. I am looking forward in the new year to starting to deliver on my plans. We are now in a position where we have overcome the immediate capacity problems. We can use the headroom, even though we have only minuscule capacity space compared to the Spanish. It is important that we use that time to focus on education, purposeful activity, people addressing their drug and mental health problems, and helping them so that when they get out, they stay out.

[Lord Maude of Horsham (Con)]

My Lords, I believe that the reason we have a larger prison population than most comparable countries in Europe is not that more of our population are prone to become criminals; it is because of reoffending. Our rate of reoffending is much higher than in most comparable countries. Therefore, rehabilitation is essential.

It is very good to hear the Minister talking about the importance of spare capacity, because he will know, I suspect, from discussions with the Treasury, the tendency of the Treasury to hate any sense of spare capacity—that offends its deepest instincts and upbringing. Spare capacity, however, is essential to enable prisoners to be kept in prisons as close to their home as possible so they do not lose touch with their family and to enable the continuity of rehabilitation. Does he agree on how important it is that rehabilitation should start from the moment a prisoner goes through the prison gates to enter prison until long after he or she—and it is mostly a “he”—comes out of the prison gate at the end of the sentence? Is it not important that the Treasury should understand that the benefits that come from reducing reoffending—the financial benefits as well as the benefits in terms of human happiness versus human misery—are spread across an enormous range of public services? The savings are huge. It is important that the Treasury understands the need for holistic activity and for taking a longer-term view than that to which it is prone.

[Lord Timpson (Lab)]

I thank the noble Lord for his comments. In respect of reoffending, the latest figure I have seen is £18 billion per year. Reoffending in our country is definitely higher than in Spain and in other countries as well. It is not just the level of reoffending; it is also the length of sentencing we have that makes a difference to the large prison population. As for spare capacity in prisons—yes, I agree. I can never see us at the levels of other countries. We need our prisons to be efficient. We need to make sure that our prisons are full but also effective.

It is important that the hard-working staff who run our prisons have the opportunity to deliver what they know works. I do not want to walk past any more classrooms in prisons where there are lots of computers and nobody is there. I want people to be in classrooms; I want people to be in workshops; I want people to be doing things that are helping them to get out and stay out.

One thing that has made a big difference is the employment advisory boards that I set up four years ago. When we started, 14% of people leaving prison had a job after six months. It is now over 35%. Things can be done, and I am really focused on that. I am also focused—and this is probably one of the conversations we may turn to in the new year—on this being not just about prisons but about probation. The whole thing needs to be working in tandem. There is an awful lot of pressure not just on prisons but on probation colleagues too.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I congratulate my noble friend the Minister on the Front Bench on his very interesting Statement on prison capacity. While this issue relates to England, and prisons in Northern Ireland, along with justice issues, are very much a devolved matter, there are also capacity and reoffending issues there. Therefore, I ask the Minister, whenever he is next in Northern Ireland and in other devolved regions and nations, whether he will take an opportunity to talk to the Minister for Justice in Northern Ireland about measures to increase prison capacity and reduce reoffending. Back when recent statistics were revealed, the overall average daily prison population increased by 11.4% during 2023-24 to 1,877. The male population increased from 1,607 to 1,787, while the female population increased from 78 to 90. I realise those numbers are probably small compared to England, but when we consider the actual population of Northern Ireland, we see that they are very high. Therefore, I urge my noble friend to talk to the Minister for Justice and exchange his good ideas with her about such measures to do with prison capacity and reoffending.

[Lord Timpson (Lab)]

I thank my noble friend. I am a big fan of the prisons in Northern Ireland—it is not because my wife is from Northern Ireland and I have been round the prisons many times. We can always learn from what they are doing. There is a prison there that noble Lords may not have heard of called HMP Hydebank Wood. It is a combination of a female prison and a young offender prison. It is one of the most impressive establishments I have seen—and I have seen lots of prisons over the years. I would be delighted to meet the Minister for Justice and to share ideas, as I would be with other colleagues as well.

The point my noble friend makes about the increasing size of the prison population in Northern Ireland is similar in theme to what is happening elsewhere. Even in Spain—I apologise for talking about Spain a lot; I just got back on Friday night—the prison population is also increasing. There will be similar themes around drugs, ageing population, mental health and purposeful activity. It is something we all need to be aware of, and it is a great way of exchanging ideas and learning things. As someone who has employed a number of people from prisons in Northern Ireland to work in the business that I used to be involved in, I know that there are many talented individuals there as well.

[Lord Thomas of Cwmgiedd (CB)]

My Lords, a part of the criminal justice system’s problems is one word: money. That has been my experience for the past 20 or so years—seeing the justice system from the side of the judiciary and seeing it from here. I want to ask about money because it is the temptation of everyone to forget money. Build prisons, and how do you finance the result? As I understand it, the 14,000 additional prison places are going to cost between £9.4 billion and £10 billion—I assume, on current costs. The NAO report says that there is a £1.8 billion maintenance backlog, so there are huge sums of capital expenditure—assuming that the Treasury treats maintenance as capital expenditure, which it probably does not.

I want to know what it is going to cost every year to fund these 14,000 additional places, which, as the Minister has kindly pointed out, must be on the basis of rehabilitation—it must be much cheaper to lock people up and leave them in their cell for 23 hours, but that is bad. What is the realistic cost of these additional places, and if the Minister can help us, where is the money to come from? That is the terrible problem that we have never grappled with: value for money in relation to sentencing. I would be very grateful if the Minister could help on this.

[Lord Timpson (Lab)]

I thank the noble and learned Lord for his detailed question. In the wider scheme of things, the best way to get value for money, as he says, is to reduce reoffending. Maybe in 15 or 20 years we will not need the prison places we have now because our reoffending will be much lower and the success of what I am trying to do in this job will be bringing results. One of the main areas of being sensible with money is not to lose cells, so we are making sure that our existing stock is maintained.

Noble Lords may remember that I mentioned HMP Preston. It first welcomed prisoners in 1798 and is still going strong. It has some elements that need a bit of work, but we also need to maintain them. The cost of building new cells in new prisons is £500,000 each. The cost of running them will be significant, because it is not just running buildings but staffing them and all the associated healthcare costs that go with it. Unfortunately, we do not have a choice to spend £10.1 billion at the moment—it was going to be a lot less than that—because we are in a position where we need to have spare capacity for the courts to do their job.

I am also looking forward to David Gauke’s review of sentencing to see the conclusions it comes to and the evidence it has looked at. A number of noble Lords will be feeding information into the sentencing review, which is due before 9 January. Running prisons is an expensive business. Reoffending, at £18 billion a year, is an incredible amount of money and waste. My job here, as a commercially minded person, is to look at why we are spending this money, and to challenge when we are spending what look like eye-watering amounts. I am challenging it, and I like to think I am starting to get some results.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I begin with an expression of sympathy to the Minister. What we have heard in your Lordships’ House—the focus on rehabilitation and reducing reoffending—is very welcome. However, we are discussing the Statement from the other place and asking questions about that. The focus of that Statement is on having capacity to meet demand. It talks about bringing in an annual statement to

“set out prison population projections”

and

“the Department’s plan for supply”.—[Official Report, Commons, 12/12/24; col. 1090.]

This sounds rather like Defra promising us a plan for the increases in rainfall that climate change predictions suggest will happen. It is as though it is something being done to the Government rather than a result of the choices of the criminal justice policy the Government have in their own hands. This is very much a passive approach. The Minister might say that this promises an Independent Sentencing Review, but that is handing over the responsibility to a group of independent people.

As the noble Lord, Lord Maude of Horsham, pointed out, we have the highest per capita prison population in western Europe by a long way. I am not sure whether this should be a milestone or a mission; maybe we could just call it a target. Surely the Government should be saying, “We are going to aim, by the end of this term, to have a reduction”. We are currently at 159 people in prison per 100,000. Perhaps we could aim to match the next big country, France, which has 104 people per 100,000—that is a reduction of a third. Finland has 51 per 100,000, which is a long way away indeed. Perhaps we could aim for an average. Should the Government not have a target, milestone or mission to reduce the prison population by the end of their period in office?

[Lord Timpson (Lab)]

I thank the noble Baroness. I would love it if we could lock up fewer people, but we cannot: we need prison spaces to ensure that we punish people who have done very bad things. We also need to make sure we rehabilitate them. We need the capacity to cater for things such as the civil unrest we had in the summer. We are way off levels of prison population like those of the countries the noble Baroness mentioned.

This is going to take an awful long time to turn around, but the steps we are taking are very important. We need capacity, we need to have the sentencing review, we need to focus on reducing reoffending, and we need all the associated tools to do that. We know what needs to be done and what the evidence is. I see my job as delivering on that.

I also know that this is not a quick fix. If we go for a quick-fix solution, we will be in trouble. This needs to be very thoughtful and take time. The people we are dealing with in prisons and on probation are often very complex people. I want to make sure that what we do works.

[Lord Austin of Dudley (Non-Afl)]

My Lords, I apologise for missing the very beginning of this as I rushed to the Chamber. I congratulate the Minister not just on his Statement but on a lifetime’s commitment to rehabilitating offenders. The example he has set to other businesses when he was running—

Imprisonment for Public Protection (Re-sentencing) Bill [HL]

Lord Timpson Excerpts

2nd reading
Friday 15th November 2024 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, I congratulate the noble lord, Lord Woodley, of Wallasey, for securing this Second Reading of his Bill. The aims behind it are undoubtedly admirable, and I respect the way in which he and colleagues have put their case today, demonstrating the depth of their knowledge and their willingness to continue engaging constructively with the Government. In particular, I mention my noble friend Lord Blunkett, the noble Baroness, Lady Burt, the noble Lord, Lord Carter, and the right reverend Prelate the Bishop of Gloucester. I value your Lordships’ continuing engagement on this matter, building on the IPP reforms legislated for in the Victims and Prisoners Act 2024, which this Government are implementing in full, and which has already reduced the numbers of people serving IPP sentences in the community by two-thirds.

I would not want to repeat what has already been said in the debate today, but I will set out the Government’s broad approach to IPP sentences and our position on the Bill. I say at the outset that I recognise the challenges faced by IPP offenders who remain in the system. As CEO of the Timpson Group, I met and employed 30 people who were serving IPP sentences. These are human beings we are talking about, and I am sure that noble Lords find it as difficult as I do to hear the details of individual cases when I visit prisons and sit in cells with IPP prisoners.

The Government are clear that it was absolutely right to abolish the IPP sentence, and I am determined to do all we can to support the remaining IPP offenders, especially the 2,694 still in prison, to finish their sentences. We are also clear that the first priority and responsibility of any Government is to protect the public. That was the thinking behind the measures that we took to alleviate pressure in our prisons and prevent the total breakdown of law and order in our country. We must never lose sight of that need to keep the public safe. Every offender still serving an IPP sentence in prison remains on our watch-list, and we have a duty of care to them.

While we must ensure that prisoners are treated fairly and given every opportunity to make progress towards their release, public protection must always be at the forefront of any action we take on this issue. That is what the public, and in particular the victims of IPP offenders, want, need and expect. It is right that IPP offenders are risk assessed and released only when it is determined that they can be safely managed in the community. It is also right that those determinations are made by the Parole Board. If resentencing were to take place, in line with what is proposed in this Bill, the Parole Board would no longer play that critical role—and in fact, its previous work in each case would be disregarded entirely.

Legislating to give every IPP prisoner a definite release date and post-release licence, or legislating to provide for resentencing by a court, would result in them being released automatically. This would be the case even where the Parole Board had previously determined, in many cases repeatedly, that they continue to be too dangerous to be released, as they have failed to meet the statutory release test. Either legislative approach would put the public at an unacceptable risk of harm, which the Government are not prepared to countenance, whether for any or all IPP prisoners through any partial resentencing. As I set out when I repeated the Statement the Lord Chancellor made in the other place on 22 October, IPP sentences are not included as part of the wider recent independent sentencing review, as the review is looking at sentences which remain on the statute book.

I realise that this is a disappointment to noble Lords in favour of the Bill. However, I assure colleagues that we remain committed to making serious and meaningful progress, at pace, for those serving IPP sentences. To do so, we must focus on reducing their risk: this is the best way to move them closer to obtaining a release direction from the Parole Board. I am sure that my noble friend Lord Blunkett and the noble Lords, Lord Carter, Lord Wolfson and Lord Moylan, will be pleased to know that the first IPP annual report, which was delayed because of the general election, will be published today. It covers HMPPS’s activity on IPP sentences during the reporting period to March this year and contains a refreshed IPP action plan which emphasises the delivery of front-line services to help offenders reduce their risk.

As a starting point, offenders must have accurate, up-to-date and effective sentence plans which enable them to access support to make progress towards their rehabilitation. They also need to be in the right prisons—ones which can offer the services specified in their sentence plans. As things stand, as my noble friend Lord Davies of Brixton made clear, around 30% of IPP offenders are not in appropriate settings. I am clear that this is not good enough and I am determined to address it as a matter of urgency, working with HMPPS to make sure that people are transferred to the right prisons wherever that is necessary for them to make progress. It can and it will improve.

We must also ensure that HMPPS knows where each IPP prisoner is on their journey through their sentence. Every prison region now has detailed information on its IPP cohort through a dedicated IPP data dashboard. We can use this information to create new tailored plans to ensure that they are in the best prison to access the interventions and services they need to aid their rehabilitation. For the first time, every IPP prisoner is being given an internal progress rating, reviewed every six months to monitor progression. This traffic light system will allow us to identify those never released and not engaged in a sentence plan, ensuring that we can direct resources to those who need it most. Each prisoner will also be regularly assessed by a range of experts through dedicated IPP progression panels to ensure that they have a clear path to release.

These are vital changes, which will ensure that people on the IPP sentence have the right sentence plans, understand what is required of them and face fewer barriers to making progress towards a safe release. In addition, I am pleased to confirm that the Chief Medical Officer has agreed to include consideration of the IPP sentence in his independent review of offender health. This will help us to better understand the specific health challenges faced by those serving the sentence and to work with the Department for Health and Social Care to improve the support available to them.

I also reassure colleagues that this Government are committed to increasing accountability. The Lord Chancellor will lay the first statutory IPP annual report, under the Victims and Prisoners Act 2024, before Parliament next summer, to set out the work HMPPS has been doing to support those serving IPP sentences throughout the current reporting period. The report will highlight where sufficient progress is not being made and enable us to take action where necessary. We will continue to review the IPP action plan to ensure that it is delivering results and adapts to any opportunities to do more. This will include supporting those who have never been released and those who have been recalled to custody, both of which my noble friend Lord Woodley and the noble Lord, Lord Hastings, highlighted.

Recall remains an important tool for keeping the public safe and there is no evidence to suggest that IPP offenders have been recalled unnecessarily. Indeed, contrary to the concern of the noble and learned Lord, Lord Garnier, His Majesty’s Chief Inspector of Probation’s thematic review of IPP recalls concluded last year that decisions to recall IPP offenders have been proportionate and necessary to protect the public, albeit that in some cases it was acknowledged that better support could be provided when individuals are on licence outside prison, prior to recall being instigated.

Though improvements to our approach in prisons are clearly necessary, I am grateful to colleagues across HMPPS for everything they are doing to support IPP offenders. With continued support, all IPP prisoners for whom it is safe and appropriate can and will be released.

The idea of an expert resentencing panel was specifically mentioned by my noble friends Lord Blunkett, Lord Woodley and Lady Blower, the noble Lord, Lord Moylan, and the noble Baronesses, Lady Jones of Moulsecoomb and Lady Burt of Solihull. As I have said, the Government are determined to support those serving the IPP sentence to make progress towards safe releases, but I do not think it is fair or appropriate to raise false hope by setting up an expert panel on resentencing.

I recognise the proposal of my noble friend Lord Woodley, for a partial resentencing exercise. As your Lordships will appreciate, there would need to be a strong legal justification for treating one cohort of offenders differently from another serving the same sentence. Partial resentencing of a specific cohort would not address the Government’s public protection concerns and the vital role of the Parole Board.

My noble friend suggested resentencing those who have been released and who are now serving their sentence on licence in the community. These offenders now have a clear and potentially shorter pathway to the end of their sentence by virtue of the Victims and Prisoners Act. These reforms provide for a much greater chance of earlier licence termination, either at the end of the reduced qualifying period or after the two-year automatic period, while also enabling them to access the support to successfully reintegrate into society. There is also no requirement for them to prove again, once in the community, that they are still safe to be released. At the end of the qualifying period, the Parole Board will simply consider whether the licence should be terminated; otherwise, it will terminate automatically, so long as the person is not recalled in the following two years.

My noble friends Lord Woodley and Lord Blunkett also questioned why the Government will not establish an expert advisory committee to advise on the operation of a resentencing exercise. This is not a new issue and your Lordships have debated it many times, including during the passage of the Victims and Prisoners Act in the last Parliament. Despite the expertise across this House and elsewhere, nobody has been able to identify a way of resentencing those serving the IPP sentence in a way that would not involve releasing offenders who the independent Parole Board has determined pose too great a risk to the public. Again, the Government would not want to give false hope to those serving the sentence. I think that establishing an expert advisory panel would run that risk.

My noble friend Lord Blunkett spoke about legal challenges to the IPP sentence and the possibility of setting up a panel to expedite IPP cases through the Parole Board. There have been multiple applications to the Court of Appeal since the introduction of the IPP sentence, both successful and unsuccessful. Recently appealed cases have not set a new precedent and were for specific legal reasons. Individual cases do not warrant a full review of all IPP sentenced individuals for the purposes of speeding up the parole process or supporting the Court of Appeal and, crucially, this would not have an impact on the Parole Board’s assessment of the release test.

Reviewing IPP cases for consideration at the Court of Appeal would be a large undertaking, which would encroach on the independence of the judiciary and effectively replicate the role the court already provides. The Parole Board reviews IPP cases at least every two years and, in many cases, more regularly. The assessment as to whether the statutory release test is met is required at each review and a prior sift would be ineffective as, legally, every case must be reviewed by the Parole Board.

The noble Lord, Lord Wolfson, raised the challenges around recall and asked about the differences between recalls and reoffending levels of those serving the IPP sentence and those on other sentences. Regrettably, we know that this cohort of offenders does reoffend and are recalled when their risk cannot be safely managed in the community. The threshold for the recall of IPP offenders is significantly higher than for determinate sentence offenders, requiring there to be a link to the behaviour surrounding the index offence before a recall can be issued. I will, however, write to him soon with available figures.

Mental health and preventing harm or suicide were mentioned by a number of noble Lords, including the noble Lords, Lord Carter, Lord Davies of Brixton and Lord Moylan, the noble Baroness, Lady Ludford, and the right reverend Prelate the Bishop of Gloucester. It is a tragedy when someone takes their own life and our thoughts go out to their loved ones. It is crucial that we provide the right interventions at the right time to prevent people harming themselves, and we are working closely with healthcare partners to that end.

Those who have a severe mental health need and require detention under the Mental Health Act are referred and assessed to determine whether transfer to hospital is needed. The Mental Health Bill, introduced on 6 November, includes vital reforms to support people with severe mental illness in the criminal justice system. It aims to speed up access to specialist in-patient care, ensuring that offenders, including IPP prisoners, and defendants with severe mental health needs can access appropriate and timely support in the most appropriate way.

The UN special rapporteur’s call for IPP sentences to be reviewed was talked about by the noble Baronesses, Lady Ludford and Lady Blower. I met Dr Edwards a fortnight ago and set out, as I have today, the work we are doing through the IPP action plan to boost support and make progress for IPP offenders.

In closing, I thank the noble Lord, Lord Woodley, for continuing to shine a light on the situation faced by IPP offenders. I share his concerns and his compassion. I was very pleased to meet him and several colleagues last week to discuss this important issue and I hope noble Lords will take up my offer to meet regularly to continue those discussions. It is very important to me to continue to engage with all stakeholders and to understand their concerns and perspectives on the IPP sentence. That is why I will be attending the next HMPPS IPP external stakeholder challenge group meeting in December, where I look forward to meeting more of the campaign groups and independent bodies which have a strong interest in improving outcomes for those serving the IPP sentence.

While the Government cannot support the Bill today, we agree that everything must be done to support those serving IPP sentences. I am working with HMPPS and the Parole Board to continue making progress, but I realise there is much more to do. Any action we take on this issue must and will be taken swiftly, while upholding our first duty of protecting the public. I thank the noble Lord for raising this important matter.

[Baroness Ludford (LD)]

A lot of what the Minister has said was reasonable and progress, but I did not get a sense that he is responding to what some of us called this Kafkaesque situation. He said that it is not safe or appropriate to release some people. Does he accept that he is not really conveying that he grasps that these people are victims of the state? The cruel injustice and psychological torture they have suffered are partially the fault of the state. If this is not to be added to the list of other scandals, something must be done which may be outwith the scale of other criminal justice challenges. I did not really get a sense that he sees it in that dimension.

[Lord Timpson (Lab)]

I thank the noble Baroness for raising that point. I believe in the IPP action plan. I spent a lot of time reviewing it with colleagues and I want to engage with it for all those 2,964 people serving IPP sentences so that they are in the right prison and get the right support. My priority is to support HMPPS colleagues carrying out the action plan, because that is the best route to get these people out of prison.

Sentencing Review and Prison Capacity

Lord Timpson Excerpts

Wednesday 23rd October 2024 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, with the leave of the House, I will repeat a Statement made in the House of Commons by the Lord Chancellor yesterday. The Statement is as follows:

“With permission, Madam Deputy Speaker, I would like to make a Statement on how the Government will address the crisis in our prisons, not just today but for years to come.

The House has heard me recount my inheritance as Lord Chancellor before. The crisis in our prisons was, I believe, the greatest disgrace of the last Conservative Government. They left our prisons on the point of collapse—a situation that would have forced us to close the prison doors, cancel all trials and force the police to halt arrests. Crime would have gone unpunished, victims would never have seen justice done and we would have witnessed the total breakdown of law and order. The previous Prime Minister knew he had to act. His Lord Chancellor begged him to do so, but instead he called an election.

As I announced to the House on 18 July, we had no choice but to bring forward the release point for some prisoners. Some of those serving standard determinate sentences have seen the custodial element reduced from 50% to 40%, spending the rest of their sentence on licence. They can be recalled to prison should probation staff judge that necessary to protect the public. As we saw over the summer of disorder, these releases could not come soon enough. After the August bank holiday, we were left with fewer than 100 spaces in our men’s prisons. The system was held together only by the heroic work and considerable good will of our prison and probation staff. We were, on many occasions, just one bad day from disaster.

Today, the second tranche of emergency releases takes place, creating desperately needed space in our prisons, but that is not the long-term solution. I will now set out the long-term plan for our prisons, which will ensure that never again is a Lord Chancellor placed in the invidious position that I was on taking office.

This must begin by building more prisons. For all their rhetoric, the last Conservative Government’s record on prison building was abject. They like to mention that, between 2010 and 2024, they built 13,000 places. What they are less keen to admit is that, in the same time, they closed 12,500. In 14 years, they added just 500 places to our prison capacity. In our first 100 days, this Government are already close to matching that. The previous Government promised to build 20,000 new places by the mid-2020s, but by the time they left office they had built only 6,000. They were simply too terrified of their own Back-Benchers, who supported prison building vociferously, as long as those prisons were not built anywhere near them.

This Government will build the prisons that the last Conservative Government promised but failed to deliver. In seeking a lasting solution to our prisons crisis, we must be honest in a way that my predecessors were not. We cannot build our way out of this problem. Every year, our prison population grows by around 4,500 prisoners. This is a question of simple mathematics. To build enough prisons to meet that demand we would have to build the equivalent of HMP Birmingham—which is in my constituency of Birmingham Ladywood—four and a half times over, every single year. To put that in context, in the past 10 years, the last Conservative Government built just three prisons. While we will speed up prison building and build as fast as we can, that pace is simply impossible. For that reason, if we are to address our prisons crisis, we must be smarter about who receives a prison sentence.

Let me be clear: there will always be a place for prison, and there will always be offenders who must be locked up, but we must expand the range of punishments we use outside prison and consider how we punish those offenders who have broken our rules but are not a danger to society. For that reason, today I am launching a review of sentencing. It will have one clear goal: to ensure that we are never again in a position where we have more prisoners than we have space in our prisons.

The review will follow three principles. First, sentences must punish offenders and protect the public. For dangerous offenders, prison will always remain the answer. Punishment and public protection will be the Government’s first priority. There are some offenders whom I will task the review with considering, such as prolific offenders, who account for just one in every 10 individuals, but nearly half of all sentences. Some of them are hyper-prolific offenders, committing hundreds of crimes. I will ask the reviewers to consider whether a longer sentence might punish them better and force them to engage with rehabilitation on the inside.

The second, related, principle of the review is that sentences must encourage offenders to turn their backs on crime—we need both sticks and carrots. I will be encouraging the reviewers to learn from others who have succeeded. In Texas, for instance, Republican legislators faced a problem similar to ours: a soaring prison population; sky-high reoffending rates; and prisons that had run out of space. Working across political divides, the Texans introduced a system of good behaviour credits, where well-behaved prisoners could earn time off their sentence by engaging in rehabilitation programmes. The results were remarkable. Crime fell by nearly a third, reaching the lowest levels in half a century. The prison population fell by over 20,000, and after two decades, the Texans had closed 16 prisons rather than building new ones.

The third principle of the review is that it must expand the punishment that offenders receive outside prison. There are already ways that we severely constrain offenders, limiting their freedom outside prison. Those under home detention curfews are, in practice, under a form of house arrest. With a tag on their ankle and a sensor in their home, they are placed under curfew, generally for 12 hours each day. Should they break that curfew, they can be picked up and, if needs be, locked up.

In some ways, punishment outside prison can be even more restrictive than prison. It is a sad fact that in many of our prisons today, a drinker can all too easily procure a drink. On a sobriety tag, however, with their sweat measured every 30 minutes and a 97% compliance rate, their teetotalism is almost as strict as mine. All of that is just using the technology that is immediately available to us, and used already in this country. I will be inviting the reviewers to consider the technology they have available to them now, and the next frontier of technology, used in other countries but not yet in ours. I believe that the modern world presents us with the opportunity to build a prison outside prison, where the eyes of the state follow a prisoner more closely than any prison officer can.

Moving punishment out of prison for those who can be safely managed there has huge benefits. Outside prison, offenders can engage in work that pays back the communities and individuals they have harmed. The evidence is abundantly clear that those who serve their sentences outside prison are far less likely to reoffend. That cuts crime, with fewer victims and safer streets, and reduces the huge cost to society of reoffending, most recently valued at over £22 billion a year.

This Government believe that crime must have consequences and criminals must be punished. We also believe in rehabilitation—that those who earn the right must be encouraged to turn their backs on crime. This Government believe in prison, but we must increase the use of punishment outside prison too. The sentencing review will be tasked with pursuing those goals.

I am pleased to say that the review will be led by a former Lord Chancellor, David Gauke, a highly regarded Minister who served in multiple roles across government. He has rightly gained the respect of both the judiciary and the legal sector, as well as many within this House. I will work with him to assemble a panel of reviewers who will draw together deep expertise and experience in the criminal justice system. The review will take a bipartisan and evidence-based look at an issue that has for far too long been a political football, booted around by both sides. David Gauke will report back with his recommendations in the spring, and I have placed a copy of the complete terms of reference of the review in the Library of the House.

It is right that the review is given time to do its work. As I have noted already, however, the capacity crisis in our prisons has not gone away. When we introduced emergency measures, we believed that they had bought us about a year. But, after the summer of disorder, the next crisis could be just nine months away. For that reason, I announced last week an extension of the sentencing powers of magistrates’ courts, which allows us to bear down on the remand population in our prisons. But we must go further.

While I will not countenance any further emergency releases of prisoners, there are operational measures that I will lay before the House in the months ahead. The first, which I have already referenced, is home detention curfew. This modern form of house arrest curtails freedom and helps offenders turn their lives around. Offenders are subject to electronically monitored curfews, which must be imposed for nine hours a day, are generally 12 hours long and can extend to 16 hours.

As the shadow Lord Chancellor noted in the House in February, the reoffending rate for the average prisoner, which was measured a few years ago, is close to 50%, but for offenders released on a home detention curfew it is 23%. This Government will soon extend the use of that measure, following in the footsteps of the previous Administration, who rightly expanded its use on a number of occasions. We will increase the maximum period that eligible offenders can spend under house arrest from six months to 12 months.

The second measure that we will introduce will address the soaring recall population, which has doubled from 6,000 to 12,000 in just six years. Risk-assessed recall review is a power of the Secretary of State to re-release, on licence, those who pose a low risk to the public, avoiding the long waits they often face for a Parole Board hearing. In the past, the measure was used often: it was used between 1,000 and 1,500 times each year between 2017 and 2019, but its use has fallen in recent years, reaching as low as 92 times in 2022.

Later this month, I intend to review the risk-assessed recall review process, so that lower-risk cases can be considered for re-release after they have been recalled to prison for two to three months, and where their further detention is no longer necessary to protect the public. I should note that this will change only the cases that can be considered for release, with the final decision still in the hands of experienced probation officers and managers.

The final area where I intend to make progress is in the case of foreign national offenders. I share the public’s view that, with 10,000 in our prisons, there are far too many foreign offenders in this country, costing £50,000 each a year to house at His Majesty’s pleasure. It happens to be my personal view that deportation is as good a punishment as imprisonment, if not better. We are currently on track to remove more foreign national offenders this year than at any time in recent years. But I will now be working with my colleagues across government to explore the ways that we can accelerate that further, including working with the Home Office to make the early removal scheme for foreign offenders more effective.

When I walked into the Ministry of Justice for the first time as Lord Chancellor just over three months ago, I encountered a prison system on the brink of collapse. It was the result of the inaction of the last Government, who thought they could dither and delay, and led us to the precipice of disaster. But their failure was longer in the making: they failed to build the prison places this country needs and they failed to address the challenge of an ever-rising prison population.

In July, this Government took action to avert immediate disaster, but the plan that I have set out today does more than that. It will ensure that this Government and our successors are never forced to rely on the emergency release of prisoners again—a measure over which I had no choice, one that I took despite my personal beliefs and one that must never happen again. I commend this Statement to the House”.

--- Later in debate ---

[Lord Dholakia (LD)]

My Lords, I thank the Minister for repeating the Statement in your Lordships’ House. Overcrowding in our prisons has been in the headlines for as long as I can remember. Different Ministers have offered various solutions to this problem. No one seems to have looked at overall solutions that could resolve the problem. We are now offered a review by a former Minister and a prison capacity package to solve the present crisis.

We have long called for a review of criminal sentencing. We have asked for reoffending to be cut by taking a holistic approach to rehabilitation and community supervision, including a full range of rehabilitative services. We also believe in implementing a presumption against short sentences of 12 months or fewer to facilitate rehabilitation in the community.

The present proposals offer short-term solutions but do not alleviate the problems or provide the long-term solutions we badly need. The previous Administration had a golden opportunity to set up a royal commission on the criminal justice system, but this was kicked into the long grass. Instead, we have a piecemeal approach to legislation in this field. We need to look at the overuse of imprisonment. This has put us on top in Europe as the worst country in the way we sentence offenders. It is astonishing that we imprison nearly twice as many people as Germany.

There are a number of questions for the Minister. I welcome the proposals to reduce the prison population. We should seriously examine the work of the Sentencing Council. Surely a Minister should put a legislative obligation to take note of the prison population before a sentence is passed. How will the review plan to address concerns about disproportionate sentencing of minority groups and marginalised communities? Would the Minister agree that ploughing more resources into expanding the prison system to hold an ever-growing number of prisoners is far from the most sensible way to tackle crime?

[Lord Timpson (Lab)]

I thank the noble and learned Lord and the noble Lord for their welcome of the review, their excellent questions and suggestions and enthusiasm for what we are trying to do. I will try to answer some of those questions now.

Increasing the use of technology as part of community sentencing is something we should consider very seriously. It is not just about the conventional electronic monitoring and the tag. Other countries have far more advanced technology than we do, including Spain, which is a country I am going to look at shortly to understand what we can learn from them. A lot of it is about the data it collects and the reassurance to victims from that data and how it can support them.

The noble and learned Lord is correct that the more tags we put on people, the more work that creates for others. I have mentioned in the House before that we are recruiting 1,000 probation officers and 4,000 more police officers. But it is not just about recruiting them; it is about training them and settling them into their jobs, which takes time. We need to make sure that we do not rush at it, but one thing I can guarantee is that we are not short of tags.

On the point about remand offenders being tagged in the community, for me this comes back to trust and how much the courts can trust tagging and how effective it is at reducing reoffending. When it comes to offenders being at home for a lot of time during the day, if I had the choice between being in prison or being on a tag at home, I would much prefer to be at home reading my kids bedtime stories and helping them with their homework to being behind a cell door.

I am concerned about highly prolific low-level offenders and what we do with them—the noble and learned Lord raised this. A few weeks ago, I spent two days in Preston Prison, following an officer, Steve, around as he did his job. One thing that was very clear was that a lot of the prisoners he spoke to he had known for the last 32 years that he had worked in that prison. They were coming in and out from when they were young to when they were old men. So, as part of the review, we need to consider whether custody for longer periods is the right thing for them. Public sentiment about crime and what we are doing depends on how good we are at reducing reoffending. When 80% of offending is reoffending, something is clearly going wrong. We need to deal with that, but we need to do so as part of the sentencing review and the other things I intend to do in my role.

On money, we are engaging with the Treasury on the spending commitments needed to progress our delivery plans. But, like noble Lords, we will wait for the Budget, which is not too far away. For me, the priority is protecting the public; that has to come before anything else.

On new prisons being built, one is being finished off in York: HMP Millsike, which will open in the spring. We will publish a 10-year capacity strategy soon. I do not have any further details on the planning proposals yet, but I know we have the willingness to make sure that we can build prisons where we need to.

Finally, I feel that £50,000 a year for every foreign national offender in prison is quite expensive when we could be sending some of them home. But what is important is that we work with our Home Office colleagues to make sure that we process the paperwork as fast as possible.

[Lord Cryer (Lab)]

My Lords, we now have 20 minutes of Back-Bench questions. To paraphrase what my noble friend said, can we have questions, not statements, so we can get as many noble Lords in as possible?

[Lord Reid of Cardowan (Lab)]

My Lords, I completely support the general thrust of the Statement and the principles underlying it. Of course we will have problems with the Treasury—every department does on every occasion—but I completely welcome it, in particular the appointment of David Gauke. That is a very good start to the bipartisan approach, which I have no doubt will be shared by the opposition spokesman, in his usual supportive role.

On a specific point, right now the evidence shows that over half of adults on short-term sentences will reoffend—that is a terrible number. Meanwhile, community orders have a much lesser extent of reoffending: I think the figure is 34%. Can the Minister assure me that why and how that might be replicated will be considered in the review?

[Lord Timpson (Lab)]

I thank my noble friend. Like him, I am pleased that David Gauke has agreed to chair this review panel. I have worked closely with him—he was one of my trustees at the Prison Reform Trust—so I know not just how capable he is but how enthusiastic he is for prison reform. We will shortly announce the rest of the panel and I am sure my noble friend will welcome them as enthusiastically.

I agree with my noble friend about community sentences for adults who would otherwise have short-term sentences. I have been in prisons for 22 years and I have seen too many people go in and come out no different. We need to use the opportunity when they are in prison to overcome their mental health and addiction problems. When they leave, they need somewhere to live and, hopefully, a job. It is much easier to do a lot of that—when the risks are right—when someone is in the community, not in prison.

[Lord Jackson of Peterborough (Con)]

My Lords, I am old enough to remember the promise, under the last Labour Government, to build Titan prisons with 7,500 places—that never happened. Notwithstanding that, the Government are laudably pursuing a policy of tackling violence against women and girls. With that in mind, what specific policies are in place to protect the interests of victims of prisoners hitherto convicted of domestic abuse and sexual assault, who may be released?

[Lord Timpson (Lab)]

The noble Lord will be pleased to know that a victims’ representative will be appointed to the panel. That is important because the voices of victims need to be heard and we will be announcing the appointment soon.

It is a very difficult situation for victims, especially with the recent releases. Often, they expected someone to be released but it happened a few days or weeks early. I believe that the victim contact scheme is important and works very well. We need to make sure that victims engage with it, where appropriate, because they do not in all cases. The latest SDS40 releases were far better managed. We had an eight-week lead-in time, which is not perfect but is better than the earlier ECSL scheme, which was pretty chaotic. It is important that this review considers the victims in every sentence and every line of the report.

[Lord Harries of Pentregarth (CB)]

My Lords, one of the most depressing points in the Minister’s Statement is that the prison population grows by around 4,500 prisoners a year. Do we really have to accept that it will continue to grow? The Statement says it is a matter of simple arithmetic, but have we lost sight of living in a predominantly law-abiding society, with crime cut down to the bare minimum?

[Lord Timpson (Lab)]

When I first walked into the Ministry of Justice and was told that the prison population goes up by 80 people a week, I thought that was manageable. But when you times that by 52, and then by five, you realise the scale of the problem. There are a number of examples of similar situations where people have done things differently. While we have a big problem on our hands, we need to make sure that it becomes a big opportunity to change things, because something is clearly not working.

I will give noble Lords the example of Texas, where they decided that a number of non-violent and first-time offenders would not go to prison but would serve community sentences instead—a number of other states have done similar things. I mentioned earlier that highly prolific low-level offenders actually went to prison for longer. Texas also introduced good-behaviour credits, an incentive scheme for people to behave in prison. Crime went down by 29% and 16 prisons have closed. So we should take hope from the fact that, if we use the evidence and take our time, we can learn from other examples. However, it will take time for the increase in prison numbers to slow down: these things, unfortunately, do not happen quickly enough.

[Baroness Blackstone (Lab)]

My Lords, I greatly welcome the Statement and the Government’s decision to tackle penal reform, which is long overdue. It is absolutely right to put far more emphasis on non-custodial sentencing. If I have any reservations, they are about embarking on another prison-building programme. The problem is that supply creates demand. Does my noble friend the Minister agree that the decision to expand the number of prisons should be reviewed in the context of improvements in non-custodial sentences and their effectiveness, and in the context of David Gauke’s review of sentencing? There is also a case for closing some prisons, even if new ones are to be built, because many are appalling buildings with inadequate accommodation and terrible facilities, and they should go. Perhaps the Minister could also address that question.

[Lord Timpson (Lab)]

When I walked into Preston Prison, there was a big board next to the governor’s office, with the names and dates of all the governors of the prison from when it first opened. The first governor started working there in 1798; I walked up the same steps that the first prisoners walked up in 1798. So, clearly, we have a problem with lots of old, dilapidated prisons, house blocks and other parts of the prison estate; unfortunately, we need to build new prisons.

It will take time for our reforms to reduce reoffending. It is one of my goals, and I managed to get it into my job title: Minister for Reducing Reoffending. The more we can reduce reoffending, the fewer prisons we will need. Maybe in 20 years’ time we will look to close the prisons built in 1798—but, for now, I am afraid, we need all the space we have got.

[Lord Clarke of Nottingham (Con)]

My Lords, I congratulate the Minister on his role in introducing this package of measures and look forward to its speedy progress. When I was Home Secretary and Lord Chancellor, I am afraid I was quite unable to persuade my ministerial colleagues to allow me to proceed with anything that remotely resembled this. I hope that, with the changed climate, the Minister can persuade the public that this approach to sentencing will have no adverse effects on the overall level of crime in this country, as one can find other countries to demonstrate, and that this is an altogether more effective system if it actually reduces the rate of reoffending, which ought to be one of the prime purposes of putting a person in prison when they have committed a serious crime.

Will the review in general be so bold as to have a look at the sentencing guidelines with the judiciary, which have tended to produce ever-longer sentences in recent years in response to populist pressure? Would he also consider the number of minimum sentences that have been introduced over the last 20 or 30 years? There is a get-out clause for the judges, in the interests of justice, but it tends to produce high minimum sentences in every case. Should not the judiciary be trusted to look at the exact circumstances of the particular crime and offender, and have this inhibition on their discretion removed? Will the review be so bold as to look at the actual sentencing guidelines?

[Lord Timpson (Lab)]

I thank the noble Lord for the question. When he was having those conversations a number of years ago, I think he was also having some of them with me in meetings outside of his political meetings, as I was talking to him about recruiting offenders. As I mentioned before, there are a number of examples of where crime has come down: Texas, Louisiana and a number of other states in the US. The Dutch model is also something I have followed closely.

The noble Lord is right that reoffending needs to come down. I hope that I can instil the skills I learnt running the family business over the years in the culture, values and organisation of the Prison Service, to help it become better at delivering what we need to do on reform.

On the terms of reference on the sentencing review, I will not go into detail—they are in the Library—but I will give noble Lords a brief summary. Our ask to the panel is that we must punish offenders and always leave a space for dangerous offenders in our jails. We must

“encourage offenders to turn their backs on … crime”—

we want better citizens, not better criminals—and we must expand the range of punishment outside of prisons and focus on technology that curtails freedoms. I am sure that noble Lords will be pleased to know that one of the panel members may well, I suspect, be a Member of this House.

[Baroness Hamwee (LD)]

My Lords—

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[Baroness Hamwee (LD)]

My Lords, perhaps the review could be so bold as to look at the legislation which deals with mandatory sentencing and minimum sentences. The support around the House for community sentences is very welcome, but I think the Minister will agree—and perhaps he will confirm this—that community sentences need providers of treatments for mental health, alcoholism and so on, and all the services which support offenders. Will the review extend to the support for those providers and the whole gamut of what makes up a good community sentence?

[Lord Timpson (Lab)]

I thank the noble Baroness for the question. Yes, I hope the panel will engage with the whole sector, and there are so many experts who have so much experience. As far as the scope of the sentencing review goes, it will be reviewing the framework around longer custodial sentences, including the use of minimum sentences and the range of sentences and maximum penalties available for different offences and how we administer them. The panel will also review the specific needs of young offenders, older offenders, female offenders and prolific offenders. It has a lot of work to do, and we hope it will do it by the spring.

[Lord Woodley (Lab)]

My Lords, there are 1,800 prisoners serving IPP sentences, as the Minister knows. One has been in prison for 12 years for stealing a plant pot; another has been in for eight years for stealing a mobile phone. At the same time, there is no review. When we look at prison places, I look forward to the Minister’s efforts in reviewing this situation, which cannot go on any longer. Does the Minister agree with me that we do not need large warehouse prisons? As the Prison Officers’ Association says, we need something local—something that can be looked after socially in the local area—and that makes sure that reoffending does not take place.

[Lord Timpson (Lab)]

I thank my noble friend for the question. As for what kind of prisons we need, I think we need a good mix of prisons of all shapes and sizes and in all locations. On IPP sentence prisoners, I am sure the House knows me well enough to know how deeply troubled I am by the state of the lives of IPP sentence prisoners. It is not included in the sentencing review because I feel we are already making good progress, albeit early progress. The IPP action plan is solid and we need to push on fast with it.

I am looking at two things at the moment. One is that 30% of IPP sentence prisoners are in the wrong prison for helping them fulfil their needs to get out of prison. I am also heartened by a dashboard that we now have so we know where every IPP prisoner is and where they are up to with their sentence—it may not sound much, but it is a game-changer for how we can support people to work through their sentence. So I want to make rapid progress. I also reassure my noble friend that, when I was running the family business, I managed to work alongside 30 colleagues who were IPP prisoners and they were absolutely fantastic, and the second chance that they were given was paid back in buckets.

[Lord Farmer (Con)]

My Lords, with sentencing of female offenders, much is made of their vulnerability, their adverse childhood experiences and revictimisation as adults. Judges are increasingly mindful of their roles as primary carers. All this is humane and understandable. Is the sentencing review going to take a similar approach to men? While they must also take responsibility for breaking our laws, many are equally vulnerable and have had many adverse childhood experiences—I think 25% of the prison population has had the experience of being in care—but it is culturally normative to take a far more punitive approach to men.

[Lord Timpson (Lab)]

I thank the noble Lord for the question. While the review will evaluate the sentencing framework and examine the experiences of all offenders, it will be guided by the evidence of what works to keep the public safe and to rehabilitate offenders. I am focused on the evidence of what works both here and abroad. Currently, judges and sentences already take into account the individual circumstances of each case to account for the culpability of the offender, male or female, and the harm they caused, or intended to cause and any aggravating or mitigating factors.

There are three facts that I am sue the noble Lord will know: female offenders make up only 4% of the prison population; over two-thirds of them are in prison for a non-violent offence; and 55% of women in prison have dependent children. What noble Lords may not know is that the average life expectancy for someone who is not in prison in this country is 82; if you are a man in prison, it is 56; if you are a woman in prison, it is 47. So, we clearly have a lot of work to do to support these very vulnerable and often ill people.

[Baroness Butler-Sloss (CB)]

My Lords, since so many repeat prisoners have drink and drug addictions, are the Government looking at residential establishments outside prison with a probation order, where, if they do not obey at the residential place, they would then go to prison?

[Lord Timpson (Lab)]

The noble and learned Baroness is correct that drugs and alcohol is a massive problem for people in prison and leaving prison. With 49% of prisoners having drug misuse problems, it is not surprising that in prisons there is a demand for drugs. But when people are out, we need to do all we can to help them overcome their addiction problems because otherwise they are far more likely to be recalled and to offend again. So, I am fan of drug-free wings in prisons and of all the excellent support mechanisms already out there. Residential support centres for women are of far more interest for me in the future, and there are a couple of examples that are already starting to work very well.

[Lord Harris of Haringey (Lab)]

My Lords, I am very pleased to hear the Minister’s Statement and his emphasis that prison is about not just punishment or public safety but rehabilitation. When I did a lot of prison visiting 10 years ago, one of the biggest problems was that, although courses were laid on internally, prisoners were often unable to attend them simply because there were insufficient staff to conduct them from their cells to the courses concerned. I would be grateful if the Minister could tell us how that will be addressed. More importantly, what incentivisation will there be for prisoners to take part properly in the rehabilitation programmes?

[Lord Timpson (Lab)]

I thank my noble friend for his question. I have walked past far too many classrooms in prisons where there are rows of computers and desks but no one inside. When prisons are 99.9% full, all that the governor can do is get people clean clothes, three meals a day and a shower. Going to a classroom is the last thing on their list, which is a very sad state of affairs.

I am used to incentives. Some noble Lords may have been into the business I used to work in—one of the Timpson shops—and while they may have asked for one key, someone may have tried to sell them two. The reason they do that is not because they are trying to be helpful; it is because they have an incentive. What I know from incentives elsewhere in the prison world is that they can have a very positive impact on prisoners’ behaviour: to engage with their sentence plan, to go to education and to purposeful activity, not to take drugs and to play the game. We are working on this now and I hope to provide more information to the review in due course. It is very powerful; in the new year, I hope to go to Texas with the Lord Chancellor to see for ourselves exactly how we can implement it and just how powerful it can be. That is very important for us to do.